Scottish Elections (Reform) Act 2020

SCHEDULE Boundaries Scotland: modification of enactments

(introduced by section 28(3))

Local Government (Scotland) Act 1973

1 (1) The Local Government (Scotland) Act 1973 is amended as follows.

(2) In the following provisions, for “the Boundary Commission” substitute “Boundaries Scotland”—

(a) section 12(2),

(b) section 13,

(c) section 14(1), (2), (3) and (4),

(d) section 15(1), (2), (3), (4) and (6),

(e) section 16(3),

(f) in section 18—

(i) in subsection (1),

(ii) in subsection (2), in both places,

(iii) in subsection (2A)(a),

(iv) in subsection (3),

(v) in subsection (4),

(g) section 19(1) and (2),

(h) section 21(1) and (2),

(i) section 27,

(j) section 28(2),

(k) paragraphs 1(1), 2(1), 4(1), 5, 6, 7, 8(1), 9 and 10(1) of schedule 4, and

(l) paragraph 1(1) of schedule 6.

(3) In the following provisions, for “the Commission” substitute “Boundaries Scotland”—

(a) section 13,

(b) in section 14—

(i) in subsection (1), in both places,

(ii) in subsection (2),

(iii) in subsection (3), in both places,

(iv) in subsection (4), in both places,

(c) section 15(2),

(d) in section 16(3),

(e) in section 18(3)(b), in both places,

(f) in section 21(1), in all three places,

(g) in paragraph 1 of schedule 4—

(i) in sub-paragraph (2),

(ii) in sub-paragraph (3), in both places,

(iii) in sub-paragraph (4), in all three places,

(h) in paragraph 2 of schedule 4—

(i) in sub-paragraph (2), in both places,

(ii) in sub-paragraph (3), in both places,

(i) paragraph 4(1) of schedule 4,

(j) paragraph 6 of schedule 4,

(k) in paragraph 8 of schedule 4—

(i) in sub-paragraph (1),

(ii) in sub-paragraph (2), in both places,

(iii) in sub-paragraph (4),

(iv) in sub-paragraph (5),

(l) paragraph 9(e) and (f) of schedule 4,

(m) in paragraph 10 of schedule 4—

(i) in sub-paragraph (1), in both places,

(ii) in sub-paragraph (2).

(4) In the following provisions, for “them” substitute “it”—

(a) section 13,

(b) section 15(6),

(c) section 18(2)(a)(i), (ab) and (d),

(d) section 19(1).

(5) In the following provisions, for “they” substitute “it”—

(a) section 14(3),

(b) section 18(4),

(c) paragraph 7 of schedule 4.

(6) In the following provisions, for “they have” substitute “it has”—

(a) section 15(3),

(b) section 18(3)(b).

(7) In section 15(4) and in paragraph 7 of schedule 4, for “their” substitute “its”.

(8) In section 18(1) and (3), for “they shall” substitute “it must”.

(9) In section 18(1), (2)(a)(iii), (2)(b) and (3)(a), for “they think” substitute “it thinks”.

(10) In paragraph 4(1) of schedule 4, for “the Commission’s” substitute “its”.

(11) The title of section 12 becomes “Boundaries Scotland”.

(12) The title of section 21 becomes “Delegation of Boundaries Scotland’s functions”.

(13) The title of section 27 becomes “Consultation with Boundaries Scotland on schemes for community councils”.

(14) The italic heading immediately preceding section 12 becomes “Proposals by Boundaries Scotland”.

(15) The title of schedule 4 becomes “Constitution and proceedings of Boundaries Scotland”.

House of Commons Disqualification Act 1975

2 In Part 2 of schedule 1 of the House of Commons Disqualification Act 1975—

(a) after the entry for the Board of the Pension Protection Fund insert—

• “Boundaries Scotland”,

(b) the entry for the Local Government Boundary Commission for Scotland is repealed.

Scotland Act 1998

3 (1) Schedule 1 of the Scotland Act 1998 is amended as follows.

(2) In the following provisions, for “the Local Government Boundary Commission for Scotland” substitute “Boundaries Scotland”—

(a) paragraph 3(1), (3), (4), (6), (8) and (9),

(b) paragraph 4(1), (2) and (3),

(c) paragraph 6(1),

(d) paragraph 7(1), (2), (3) and (4),

(e) paragraph 8(1) and (2),

(f) paragraph 9(1), (2) and (3),

(g) paragraph 10(1), (2) and (3),

(h) in paragraph 12—

(i) in rule 2(2) and (8),

(ii) in rule 3,

(iii) in rule 4,

(i) paragraph 14(2).

(3) In the following provisions, for “they think” substitute “it thinks”—

(a) paragraph 4(2),

(b) paragraph 9(1),

(c) paragraph 10(1),

(d) in paragraph 12—

(i) rule 2(2),

(ii) rule 3.

(4) In the following provisions, for “they” substitute “it”—

(a) paragraph 7(1)(a) and (b), (2) and (4),

(b) paragraph 9(2),

(c) paragraph 10(2),

(d) paragraph 12, rule 4, in both places.

(5) In paragraph 3(3)—

(a) in sub-sub-paragraph (a), for “they propose” substitute “it proposes”,

(b) in sub-sub-paragraph (b), for “their opinion” substitute “its opinion”.

(6) In paragraph 3(6) and (8)(a) and (b), for “they recommend” substitute “it recommends”.

(7) In paragraph 7(2)—

(a) in the opening words, for “have” substitute “has”,

(b) in sub-sub-paragraph (b), for “the Commission” substitute “Boundaries Scotland”.

(8) The italic heading immediately preceding paragraph 3 becomes “Reports of Boundaries Scotland”.

Scottish Public Services Ombudsman Act 2002

4 In Part 2 of schedule 2 of the Scottish Public Services Ombudsman Act 2002, under the heading “Scottish public authorities”—

(a) after paragraph 20A insert—

“20AA Boundaries Scotland”,

(b) paragraph 28 is repealed.

Freedom of Information (Scotland) Act 2002

5 In Part 7 of schedule 1 of the Freedom of Information (Scotland) Act 2002—

(a) after paragraph 61A insert—

“61AA Boundaries Scotland”,

(b) paragraph 71 is repealed.

Public Appointments and Public Bodies etc. (Scotland) Act 2003

6 In schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the specified authorities), under the heading “Advisory bodies”—

(a) before the entry for the Judicial Appointments Board for Scotland insert—

• “Boundaries Scotland”,

(b) the entry for the Local Government Boundary Commission for Scotland is repealed.

Public Services Reform (Scotland) Act 2010

7 (1) The Public Services Reform (Scotland) Act 2010 is amended as follows.

(2) In schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”—

(a) after the entry for Bòrd na Gàidhlig insert—

• “Boundaries Scotland”,

(b) the entry for the Local Government Boundary Commission for Scotland is repealed.

(3) In schedule 8 (information on exercise of public functions: listed public bodies)—

(a) after the entry for Bòrd na Gàidhlig insert—

• “Boundaries Scotland”,

(b) the entry for the Local Government Boundary Commission for Scotland is repealed.

Public Records (Scotland) Act 2011

8 In the schedule of the Public Records (Scotland) Act 2011, under the heading “Others”—

(a) after the entry for Bòrd na Gàidhlig insert—

• “Boundaries Scotland”,

(b) the entry for the Local Government Boundary Commission for Scotland is repealed.

Procurement Reform (Scotland) Act 2014

9 In Part 3 of the schedule of the Procurement Reform (Scotland) Act 2014—

(a) after paragraph 23 insert—

“23A Boundaries Scotland”,

(b) paragraph 36 is repealed.

Gender Representation on Public Boards (Scotland) Act 2018

10 In schedule 1 of the Gender Representation on Public Boards (Scotland) Act 2018 (public authorities)—

(a) after the entry for Bòrd na Gàidhlig insert—

• “Boundaries Scotland”,

(b) the entry for the Local Government Boundary Commission for Scotland is repealed.

Islands (Scotland) Act 2018

11 In section 20 of the Islands (Scotland) Act 2018 (reviews of wards in certain local government areas)—

(a) in subsection (1), for “the Local Government Boundary Commission for Scotland (“Boundary Commission”)” substitute “Boundaries Scotland”,

(b) in subsection (3), for “the Boundary Commission” substitute “Boundaries Scotland”.

Representation of the People (Scotland) Regulations 2001

12 In regulation 100(1) of the Representation of the People (Scotland) Regulations 2001 (S.S.I. 2001/497), for “the Local Government Boundary Commission for Scotland” substitute “Boundaries Scotland”.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006

13 In the schedule of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006 (S.S.I. 2006/26)—

(a) after the entry for Architecture and Design Scotland insert—

• “Boundaries Scotland”,

(b) the entry for the Local Government Boundary Commission for Scotland is revoked.

Scottish Parliament (Disqualification) Order 2015

14 In Part 1 of the schedule of the Scottish Parliament (Disqualification) Order 2015 (S.S.I. 2015/350)—

(a) after the entry relating to any member of Bòrd na Gàidhlig insert—

• “Any member of Boundaries Scotland.”,

(b) the entry relating to any member of the Local Government Boundary Commission for Scotland is revoked.