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Local Democracy, Economic Development and Construction Act 2009

Section 59 – Implementation of review recommendations

134.This section gives the Local Government Boundary Commission for England the power to make an order to give effect to all or any of the recommendations which it makes following a review of electoral arrangements for a local government area. It replaces section 17 of the Local Government Act 1992, removing the role of the Electoral Commission and making significant changes to the procedure for making an order to implement the Commission’s recommendations.

135.Subsection (2) sets out the electoral changes that may be made by the Local Government Boundary Commission for England in an order. Subsection (3) provides that any electoral change may only be implemented at the next ordinary election for that council.

136.Subsection (9) provides that any order made by the Local Government Boundary Commission for England must be laid in draft before both Houses of Parliament before it can be made. Such an order is subject to the draft negative resolution procedure in accordance with section 6(1) of the Statutory Instruments Act 1946. The Local Government Boundary Commission is not able to make any order until a period of 40 days, beginning with the day on which a copy of the draft order is laid in Parliament, has passed. If during that 40 day period either House of Parliament resolves that the order be not made the Local Government Boundary Commission would not be able to make the Order. Under the Local Government Act 1992, recommendations from the Local Government Boundary Commission for England’s electoral reviews were implemented by order by the Electoral Commission, and were not statutory instruments subject to Parliamentary procedure.

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