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Part 1 E+WStructural and boundary change in England

Chapter 1E+WStructural and boundary change

Implementation of changesE+W

12Provision relating to membership etc of authoritiesE+W

(1)In section 11(4) “electoral matters” means any of the following—

(a)the total number of members of any local authority or parish council (“councillors”);

(b)the number and boundaries of electoral areas for the purposes of the election of councillors;

(c)the number of councillors to be returned by any electoral area;

(d)the name of any electoral area;

(e)the election of councillors for any electoral areas;

(f)the order of retirement of councillors;

(g)the election of a mayor of a local authority;

(h)the election of an executive of a local authority;

(i)the appointment by the Secretary of State of members of an existing local authority to be members of a new local authority for a transitional period;

(j)the appointment for a transitional period of an executive of a new local authority;

(k)the functions of a new local authority, and the discharge of those functions, during a transitional period.

(2)In subsection (1)(i) to (k)—

  • a new local authority” means a local authority established by the order;

  • a transitional period” means a period before the coming into office of members of the authority elected at the first election after the establishment of the authority.

(3)In subsection (2) “established” and “establishment” are to be read in accordance with section 11(5).

(4)An order under section 7 or 10 may provide for an electoral division of a non-metropolitan county to return more than one councillor, and in such a case section 6(2)(a) of the Local Government Act 1972 (c. 70) does not apply.

(5)As soon as practicable after the making of an order under section 7 or 10, the Electoral Commission must consider whether to exercise their power under section 13(3) of the Local Government Act 1992 (c. 19) (power to direct the Boundary Committee to conduct a review of a specified area and recommend whether an electoral change should be made).

(6)An order of the Electoral Commission under section 17 of the Local Government Act 1992 (c. 19) (electoral change) may, in consequence of any other provision of that order, revoke a provision of an order made under section 7 or 10 of this Act.