Local Democracy, Economic Development and Construction Act 2009

Section 56

Schedule 2 Electoral change in England: considerations on review

County councils

1 (1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a county council.

(2) The recommendations must secure the following results—

(a) an electoral area of the county council must not fall partly inside and partly outside any district,

(b) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the county council, and

(c) every parish which is not divided into parish wards must lie wholly within a single electoral area of the county council.

(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—

(a) the need to secure that the ratio of the number of local government electors to the number of members of the county council to be elected is, as nearly as possible, the same in every electoral area of the council,

(b) the need to reflect the identities and interests of local communities and in particular—

(i) the desirability of fixing boundaries which are and will remain easily identifiable, and

(ii) the desirability of not breaking local ties when fixing boundaries,

(c) the need to secure effective and convenient local government, and

(d) the boundaries of the electoral areas of any district council whose area is within the area of the county council.

(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the county council which is likely to take place within the period of five years immediately following the making of the recommendations.

District councils

2 (1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a district council.

(2) The recommendations must secure the following results—

(a) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the district council, and

(b) every parish which is not divided into parish wards must lie wholly within a single electoral area of the district council.

(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—

(a) the need to secure that the ratio of the number of local government electors to the number of members of the district council to be elected is, as nearly as possible, the same in every electoral area of the council,

(b) the need to reflect the identities and interests of local communities and in particular—

(i) the desirability of fixing boundaries which are and will remain easily identifiable, and

(ii) the desirability of fixing boundaries so as not to break any local ties,

(c) the need to secure effective and convenient local government, and

(d) in the case of a district council that is subject to a scheme for elections by halves or by thirds, or that has resolved to revert to being subject to such a scheme under Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007 (c. 28), the desirability of securing that each electoral area of the district council returns an appropriate number of members of the council.

(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the district council which is likely to take place within the period of five years immediately following the making of the recommendations.

(5) For the purposes of sub-paragraph (3)(d)—

(a) a district council is “subject to a scheme of elections by halves” if one half (or as nearly as may be) of its members are to be elected in each year in which it holds ordinary elections of members of the council;

(b) a district council is “subject to a scheme of elections by thirds” if one third (or as nearly as may be) of its members are to be elected in each year in which it holds ordinary elections of members of the council;

(c) the number of members of the district council returned by an electoral area of the council is “appropriate”—

(i) in the case of a scheme for elections by halves, if it is divisible by 2;

(ii) in the case of a scheme for elections by thirds, if it is divisible by 3.

London borough councils

3 (1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a London borough council.

(2) The recommendations must secure the following results—

(a) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the London borough council, and

(b) every parish which is not divided into parish wards must lie wholly within a single electoral area of the London borough council.

(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—

(a) the need to secure that the ratio of the number of local government electors to the number of members of the London borough council to be elected is, as nearly as possible, the same in every electoral area of the council,

(b) the need to reflect the identities and interests of local communities and in particular—

(i) the desirability of fixing boundaries which are and will remain easily identifiable, and

(ii) the desirability of fixing boundaries so as not to break any local ties, and

(c) the need to secure effective and convenient local government.

(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the London borough council which is likely to take place within the period of five years immediately following the making of the recommendations.

Parish councils

4 (1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a parish council (including a common parish council).

(2) In making any such recommendations, the Local Government Boundary Commission for England must have regard to—

(a) the need to reflect the identities and interests of local communities, and in particular—

(i) the desirability of fixing boundaries which are and will remain easily identifiable, and

(ii) the desirability of fixing boundaries so as not to break any local ties,

(b) the need to secure effective and convenient local government, and

(c) the boundaries of the electoral areas of the principal council or councils in whose area the area of the parish council falls.

(3) In making any recommendations as to whether the area of the parish council is to be divided into wards for the election of members of the parish council, the Local Government Boundary Commission for England must have regard to—

(a) whether the number or distribution of the local government electors in the area is such as to make a single election of the members of the council impracticable or inconvenient, and

(b) whether it is desirable for any parts of the area of the parish council to be separately represented on the council.

(4) In making any recommendations as to—

(a) the size and boundaries of wards, or

(b) the number of members of a parish council to be elected for each ward,

the Local Government Boundary Commission for England must have regard to any change in the number or distribution of the local government electors in the area of the parish council which is likely to take place within the period of five years immediately following the making of the recommendations.

(5) In the case of the area of a parish council not divided into wards, in making recommendations as to the number of members to be elected for the parish council, the Local Government Boundary Commission for England must have regard to—

(a) the number and distribution of the local government electors in the area of the parish council, and

(b) any change in such number or distribution which is likely to take place within the period of five years immediately following the making of the recommendations.

Interpretation

5 In this Schedule—

• “local government elector” has the meaning given in section 270(1) of the Local Government Act 1972 (c. 70);

• “electoral area”, in relation to a principal council, means an area for which one or more members of the council are elected.