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The Local Government Commission for England (Transfer of Functions) Order 2001

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Article 8

SCHEDULE 1Amendments to the Local Government Act 1992

1.  For section 13 (Duty to conduct reviews and make recommendations)(1) substitute—

13.    Reviews and Recommendations

(1) The Secretary of State may request the Electoral Commission to recommend in respect of a specified area in England—

(a)whether a structural change should be made;

(b)whether a boundary change should be made.

(2) Where the Electoral Commission receive a request in respect of an area under subsection (1), they may direct the Boundary Committee for England—

(a)to conduct a review of the area, and

(b)to recommend whether a change of the kind specified in the request should be made.

(3) The Electoral Commission may direct the Boundary Committee for England—

(a)to conduct a review of a specified area in England, and

(b)to recommend whether an electoral change should be made in respect of that area.

(4) The Electoral Commission shall from time to time direct the Boundary Committee for England—

(a)to conduct a review of each principal area in England, and

(b)to recommend whether an electoral change should be made in respect of that area.

(5) In carrying out a function under this section the Electoral Commission or the Boundary Committee for England shall have regard to—

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

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

(c)the need to secure the matters mentioned in paragraphs 1(2)(a) and 3(2)(a) of Schedule 11 to the Local Government Act 1972(2) (equality of representation), and

(d)any scheme for elections specified by order under section 86 of the Local Government Act 2000(3) (power to specify a scheme for elections).

(6) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7) A direction may, in particular, require the Boundary Committee for England to have regard to—

(a)guidance given by the Secretary of State as to matters to be taken into account in considering structural or boundary changes;

(b)guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.

2.  (1)  Section 14 (changes that may be recommended)(4) is amended as follows.

(2) In subsection (1), for “Local Government Commission” substitute “Electoral Commission”.

(3) In paragraph (a)(iii) of subsection (4), omit the words from “and” to “elected”.

(4) In subsection (8),

(a)for “Local Government Commission” substitute “the Boundary Committee for England”; and

(b)for “section 13(1A)” substitute “section 13(3) or (4)”.

3.  (1)  Section 15 (procedure on a review)(5) is amended as follows:

(2) In subsection (1)—

(a)for “Local Government Commission” substitute “Boundary Committee for England”; and

(b)for “it considers” substitute “they consider”.

(3) In subsection (2)—

(a)for the words from “deciding” to “Local Government Commission” substitute “being directed to conduct a review of any area under section 13(4) above, the Boundary Committee for England”;

(b)for “it considers” substitute “they consider”; and

(c)in paragraph (a), for “Commission is” substitute “Committee are”.

(4) In subsection (3)—

(a)for “Local Government Commission” substitute “Boundary Committee for England”;

(b)in paragraph (a), for “it” substitute “them”;

(c)in paragraph (b), for “it considers” substitute “they consider”; and

(d)for “Commission” each time it appears substitute “Committee”.

(5) For subsection (4) substitute—

(4) As soon as the Boundary Committee for England are in a position to submit to the Electoral Commission a report on a review, they shall—

(a)submit a report to the Commission together with their recommendations;

(b)take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which they may be inspected; and

(c)deposit copies of the recommendations at the principal office of any principal council or police authority appearing to the Committee to be likely to be affected by them.

(6) For subsection (6) substitute—

(6) Where the report on a review is submitted to the Electoral Commission under subsection (4) above, the Commission may—

(a)direct the Boundary Committee for England to reconsider their recommendations with a view to deciding whether to submit a further report under subsection (4) containing different recommendations; or

(b)direct the Boundary Committee for England to conduct a further review of all or part of the area to which the report relates and to make revised recommendations as respects that area; and this section shall apply in relation to the further review with such modifications as may be specified in the direction.

(7) For subsection (7) substitute—

(7) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7A) A direction may, in particular, require the Boundary Committee for England to have regard to—

(a)guidance given by the Secretary of State as to matters to be taken into account in considering structural or boundary changes;

(b)guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.

4.  After section 15 insert—

Alternative procedure on a review

15A.  (1)  Where the Electoral Commission consider it appropriate they may direct the Boundary Committee for England not to follow the procedure on a review set out in section 15 above but—

(a)to take sufficient steps to secure that persons who may be interested in the matters which are the subject of review are informed of them and of the period within which representations about them may be made;

(b)to take into consideration any such representations made to them within that period; and

(c)to inform any person who has made representations of the recommendations which are made to the Electoral Commission.

5.  (1)  Section 16 (consultation with the Audit Commission)(6) is amended as follows:

(2) In subsections (1) and (3) for “Local Government Commission” substitute “Electoral Commission, the Boundary Committee for England or the Secretary of State”.

(3) In subsection (1), omit the words “it with”.

6.  (1)  Section 17 (implementation of recommendations)(7) is amended as follows:

(2) For subsection (1) substitute—

(1) Where the Electoral Commission make recommendations to the Secretary of State for structural or boundary changes in response to a request by him under section 13, he may by order give effect to all or any of the recommendations, with or without modifications.

(3) After subsection (1) insert—

(1A) Where the Boundary Committee for England make recommendations to the Electoral Commission for electoral changes, the Commission may by order give effect to all or any of the recommendations, subject to any modifications to those recommendations agreed with that Committee.

(4) In subsection (2)—

(a)for the words “the submission of the report” substitute “the receipt of recommendations or the submission of a report”;

(b)omit the words from “the Secretary of State” to the end and substitute—

(a)the Secretary of State may request the Electoral Commission to supply him with additional information or advice; and

(b)the Electoral Commission may direct the Boundary Committee for England to supply them with additional information or advice.

(5) In subsection (3)—

(a)insert at the beginning “Subject to subsection (3A) below,”; and

(b)for “Local Government Commission” substitute “Electoral Commission or of the Boundary Committee for England”.

(6) After subsection (3) insert—

(3A) An order made by the Secretary of State under subsection (1) above may not include provision as to the matters mentioned in paragraphs (d), (e) and (ea)(8) of subsection (3) above.

(3B) An order made by the Electoral Commission under subsection (1A) above may not include provision as to the matters mentioned in paragraphs (a) to (c), (g) and (h) of subsection (3) above.

(7) In subsection (4), for “The power” substitute “A power”.

(8) In subsection (7)(9), for the words “this section” substitute “subsection (1A) above.”

7.  In section 18(4) (consequences of structural changes etc), for “Local Government Commission” substitute “Electoral Commission”.

8.  In section 21(1) (joint authorities), for “Local Government Commission” substitute “Electoral Commission”.

9.  (1)  Section 26 (orders, regulations and directions under Part II) is amended as follows.

(2) In subsection (1) after “the Secretary of State” insert “or the Electoral Commission”.

(3) For subsection (3) substitute—

(3) Every power of the Secretary of State under this Part to make orders or regulations, and every power of the Electoral Commission to make orders or to give directions, shall include power to make different provision for different cases, including provision for different localities and for different bodies.

(4) In subsection (6)—

(a)for the words “the Secretary of State is satisfied” substitute “the Secretary of State is or the Electoral Commission are satisfied”;

(b)for “he may” substitute “he or they may”; and

(c)for “he thinks” substitute “he thinks or they think”.

10.  (1)  Section 27 (amendments relating to local government changes) is amended as follows.

(2) In subsection (2) for the words “the Secretary of State and the Local Government Commission” substitute “the Electoral Commission and the Boundary Committee for England”.

(3) In paragraph (b) of subsection (2) for “Local Government Commission” substitute “the Electoral Commission and the Boundary Committee for England”.

(1)

Section 13 was amended by section 19 of the Local Government and Rating Act 1997 (c. 29) and by paragraph 9 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000.

(2)

c. 70.

(3)

c. 22.

(4)

Relevant amendments to section 14 are made by section 89 of the Local Government Act 2000 (c. 41), by section 19(2) of the Local Government and Rating Act 1997 and by paragraph 10 of Schedule 21 to the Political Parties' Elections and Referendums Act 2000.

(5)

Section 15 was amended by the Police and Magistrates' Courts Act 1994. (c. 29, section 39).

(6)

Section 16 was amended by Schedule 3 to the Audit Commission Act 1998 (c. 18).

(7)

Section 17 is amended by section 39 of the Police and Magistrates Courts Act 1994, by section 20 of the Local Government and Rating Act 1997 and by section 89(3) of the Local Government Act 2000.

(8)

Paragraph (ea) was inserted by section 20 of the Local Government and Rating Act 1997.

(9)

Subsection (7) was inserted by section 89(3) of the Local Government Act 2000.

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