Parliamentary Constituencies Act 1986

SCHEDULES

Section 2.

SCHEDULE 1 U.K. The Boundary Commissions

Constitution U.K.

1 U.K. The Speaker of the House of Commons shall be the chairman of each of the four Commissions.

2 U.K. Each of the four Commissions shall consist of the chairman, a deputy chairman and two other members appointed by the Secretary of State.

3 U.K. The deputy chairman—

(a) in the case of the Commission for England shall be a judge of the High Court appointed by the Lord Chancellor,

(b) in the case of the Commission for Scotland shall be a judge of the Court of Session appointed by the Lord President of the Court of Session,

(c) in the case of the Commission for Wales shall be a judge of the High Court appointed by the Lord Chancellor,

(d) in the case of the Commission for Northern Ireland shall be a judge of the High Court in Northern Ireland appointed by the Lord Chief Justice of Northern Ireland.

4 U.K. A Member of any Commission (other than the chairman) shall hold his appointment for such term and on such conditions as may be determined before his appointment by the person appointing him.

[F1 F2 4A U.K. In the case of a member of a Commission other than the chairman or deputy chairman, the conditions referred to in paragraph 4 above may include such provisions with respect to remuneration as the Secretary of State may determine with the approval of the Treasury.]

Textual Amendments

F1 Sch. 1 para. 4A inserted (12.11.1992) by Boundary Commissions Act 1992 (c. 55), s. 1(1)(2)

F2 Sch. 1 para. 4A explained (12.11.1992) by Boundary Commissions Act 1992 (c. 55), s. 1(3)

Officers U.K.

5 The officers of each Commission shall include, as assessors, the following persons—

(a) in the case of the Commission for England, the Registrar General for England and Wales and the Director General of Ordnance Survey,

(b) in the case of the Commission for Scotland, the Registrar General of Births, Deaths and Marriages for Scotland and the Director General of Ordnance Survey,

(c) in the case of the Commission for Wales, the Registrar General for England and Wales and the Director General of Ordnance Survey,

(d) in the case of the Commission for Northern Ireland, the Registrar General of Births and Deaths in Northern Ireland, the Commissioner of Valuation for Northern Ireland and the Chief Electoral Officer for Northern Ireland.

6 (1) The Secretary of State may, at the request of any Commission, appoint one or more assistant Commissioners to inquire into, and report to the Commission upon, such matters as the Commission think fit. U.K.

(2) Any such assistant Commissioner shall be appointed either for a certain term or for the purposes of a particular inquiry, and on such conditions as to remuneration and otherwise as may be determined before his appointment by the Secretary of State with the approval of the Treasury.

7 U.K. The Secretary of State shall appoint a secretary to each of the Commissions, and may appoint such other officers of any Commission as he may determine with the approval of the Treasury, and the term and conditions of any such appointment shall be such as may be so determined.

Expenses U.K.

8 U.K. The expenses of each Commission, [F3 including the remuneration and travelling and other expenses of the members, assistant Commissioners], secretary and other officers, shall be paid out of money provided by Parliament.

Textual Amendments

F3 Words in Sch. 1 para. 8 substituted (12.11.1992) by Boundary Commissions Act 1992 (c. 55), s. 1(4)

Proceedings and instruments U.K.

9 U.K. A Commission shall have power to act notwithstanding a vacancy among their members, and at any meeting of a Commission two, or such greater number as the Commission may determine, shall be the quorum.

10 U.K. For the purpose of considering any matter of common concern, the Commissions, or any two or three of them, may hold joint meetings.

11 U.K. Subject to the provisions of this Act, each of the Commissions shall have power to regulate their own procedure.

12 U.K. Every document purporting to be an instrument made or issued by a Commission and to be signed by the secretary or any person authorised to act in that behalf, shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Commission.

Section 3.

SCHEDULE 2 U.K. Rules for Redistribution of Seats

The rules U.K.

1 (1) The number of constituencies in Great Britain shall not be substantially greater or less than 613.

(2) The number of constituencies in Scotland shall not be less than 71.

(3) The number of constituencies in Wales shall not be less than 35.

(4) The number of constituencies in Northern Ireland shall not be greater than 18 or less than 16, and shall be 17 unless it appears to the Boundary Commission for Northern Ireland that Northern Ireland should for the time being be divided into 16 or (as the case may be) into 18 constituencies.

2 U.K. Every constituency shall return a single member.

3 U.K. There shall continue to be a constituency which shall include the whole of the City of London and the name of which shall refer to the City of London.

Yn ddilys o 01/07/1999

[F4 3A U.K. A constituency which includes the Orkney Islands or the Shetland Islands shall not include the whole or any part of a local government area other than the Orkney Islands and the Shetland Islands.]

Textual Amendments

F4 Sch. 2 rule. 3A inserted (1.7.1999) by 1998 c. 46, s. 86(3) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)

4 (1) So far as is practicable having regard to rules 1 to 3—

(a) in England and Wales,—

(i) no county or any part of a county shall be included in a constituency which includes the whole or part of any other county or the whole or part of a London borough,

(ii) no London borough or any part of a London borough shall be included in a constituency which includes the whole or part of any other London borough,

(b) in Scotland, regard shall be had to the boundaries of local authority areas,

(c) in Northern Ireland, no ward shall be included partly in one constituency and partly in another.

(2) In sub-paragraph (1)(b) above “area” and “local authority” have the same meanings as in the M1 Local Government (Scotland) Act 1973.

Marginal Citations

M1 1973 c. 65.

5 U.K. The electorate of any constituency shall be as near the electoral quota as is practicable having regard to rules 1 to 4; and a Boundary Commission may depart from the strict application of rule 4 if it appears to them that a departure is desirable to avoid an excessive disparity between the electorate of any constituency and the electoral quota, or between the electorate of any constituency and that of neighbouring constituencies in the part of the United Kingdom with which they are concerned.

6 U.K. A Boundary Commission may depart from the strict application of rules 4 and 5 if special geographical considerations, including in particular the size, shape and accessibility of a constituency, appear to them to render a departure desirable.

General and supplementary U.K.

7 It shall not be the duty of a Boundary Commission to aim at giving full effect in all circumstances to the above rules, but they shall take account, so far as they reasonably can—

(a) of the inconveniences attendant on alterations of constituencies other than alterations made for the purposes of rule 4, and

(b) of any local ties which would be broken by such alterations.

8 U.K. In the application of rule 5 to each part of the United Kingdom for which there is a Boundary Commission—

(a) the expression “electoral quota” means a number obtained by dividing the electorate for that part of the United Kingdom by the number of constituencies in it existing on the enumeration date,

(b) the expression “electorate” means—

(i) in relation to a constituency, the number of persons whose names appear on the register of parliamentary electors in force on the enumeration date under the Representation of the People Acts for the constituency,

(ii) in relation to the part of the United Kingdom, the aggregate electorate as defined in sub-paragraph (i) above of all the constituencies in that part,

(c) the expression “enumeration date” means, in relation to any report of a Boundary Commission under this Act, the date on which the notice with respect to that report is published in accordance with section 5(1) of this Act.

9 U.K. In this Schedule, a reference to a rule followed by a number is a reference to the rule set out in the correspondingly numbered paragraph of this Schedule.

Section 7.

SCHEDULE 3 U.K. Consequential Amendments

The Northern Ireland Constitution Act 1973 U.K.

1 (1) Section 28 of the M2 Northern Ireland Constitution Act 1973 shall be amended as follows.

(2) In subsection (2) for the words “section 2(1) or (3) of the House of Commons (Redistribution of Seats) Act 1949” there shall be substituted the words “section 3(1) or (3) of the Parliamentary Constituencies Act 1986”.

(3) In subsection (3) for the words “Act of 1949” there shall be substituted the words “Act of 1986”.

(4) In subsection (4) for the words from the beginning to “in report)” there shall be substituted the words “Sections 3(4) and (5), 4 and 5(1) (implementation of recommendations in report of Boundary Commission and publication of notice of proposed report)”.

(5) For subsection (5) there shall be substituted—

“(5) An Order in Council under the said Act of 1986 for giving effect, with or without modifications, to the recommendations contained in a report or supplementary report of the Boundary Commission for Northern Ireland may make amendments consequential on giving effect to those recommendations in section 1(1) of and in the Schedule to the said Act of 1973”.

Marginal Citations

M2 1973 c. 36.

2 The said section 28 shall (notwithstanding the repeal by this Act of the M3 House of Commons (Redistribution of Seats) Act 1979) continue to have effect with the substitution for subsection (6) of—

“(6) The coming into force of any such Order in Council shall not affect any election to the Assembly before the next general election to the Assembly or affect the constitution of the Assembly then in being.”

Marginal Citations

M3 1979 c. 15.

The House of Commons Disqualification Act 1975 U.K.

3 U.K. In Part III of Schedule 1 to the M4 House of Commons Disqualification Act 1975 for the words “Part I or Part II of Schedule 1 to the House of Commons (Redistribution of Seats) Act 1949” there shall be substituted the words “Schedule 1 to the Parliamentary Constituencies Act 1986”.

Marginal Citations

M4 1975 c. 24.

The Northern Ireland Assembly Disqualification Act 1975 U.K.

4 U.K. In Part III of Schedule 1 to the M5 Northern Ireland Assembly Disqualification Act 1975 for the words “Part I or Part II of Schedule 1 to the House of Commons (Redistribution of Seats) Act 1949” there shall be substituted the words “Schedule 1 to the Parliamentary Constituencies Act 1986”.

Marginal Citations

M5 1975 c. 25.

The [F5 European Parliamentary] Elections Act 1978 U.K.

Textual Amendments

F5 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

5 (1) Schedule 2 to the M6 [F6 European Parliamentary] Elections Act 1978 shall be amended as follows.

(2) In paragraph 1—

(a) for the words “section 3 of the 1949 Act” there shall be substituted the words “the 1986 Act”, and

(b) for the words “section 2(1)”, in both places where they occur, there shall be substituted the words “section 3(1)”.

(3) In paragraph 3—

(a) for the words “section 3 of the 1949 Act” there shall be substituted the words “the 1986 Act”, and

(b) for the words “section 2(3)” there shall be substituted the words “section 3(3)”.

(4) For paragraph 4 there shall be substituted—

“4 A supplementary report of a Boundary Commission under this Schedule showing the [F6 European Parliamentary] constituencies into which they recommend that any area should be divided shall state, as respects each [F6 European Parliamentary] constituency, the name by which they recommend that it should be known.

4A (1) Where the Boundary Commission for any part of Great Britain intend to consider making a supplementary report under this Schedule, they shall, by notice in writing, inform the Secretary of State accordingly, and a copy of the notice shall be published—

(a) in a case where it was given by the Boundary Commission for England or the Boundary Commission for Wales, in the London Gazette, and

(b) in a case where it was given by the Boundary Commission for Scotland, in the Edinburgh Gazette.

(2) As soon as may be after a Boundary Commission have submitted a supplementary report to the Secretary of State under this Schedule, he shall lay the report before Parliament together, except in a case where the report states that no alteration is required to be made in respect of the part of Great Britain with which the Commission are concerned, with the draft of an Order in Council for giving effect, whether with or without modifications, to the recommendations contained in the report.

4B (1) The draft of any Order in Council laid before Parliament by the Secretary of State under this Schedule for giving effect, whether with or without modifications, to the recommendations contained in a supplementary report of a Boundary Commission may make provision for any matters which appear to him to be incidental to, or consequential on, the recommendations.

(2) Where any such draft gives effect to any such recommendations with modifications, the Secretary of State shall lay before Parliament together with the draft a statement of the reasons for the modifications.

(3) If any such draft is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.

(4) If a motion for the approval of any such draft is rejected by either House of Parliament or withdrawn by leave of the House, the Secretary of State may amend the draft and lay the amended draft before Parliament, and if the draft, as so amended is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.

(5) Where the draft of an Order in Council is submitted to Her Majesty in Council under this Schedule, Her Majesty in Council may make an Order in terms of the draft which (subject to paragraph 8 below) shall come into force on such date as may be specified in the Order and shall have effect notwithstanding anything in any enactment.

(6) The validity of any Order in Council purporting to be made under this Schedule and reciting that a draft of the Order has been approved by resolution of each House of Parliament shall not be called in question in any legal proceedings whatsoever.”

(5) After sub-paragraph (2) of paragraph 5 there shall be inserted—

“(3) Where a Boundary Commission revise any proposed recommendations after publishing a notice of them under this paragraph the Commission shall publish a further notice under this paragraph in relation to the revised recommendations, as if no earlier notice had been published.”

(6) After paragraph 5 there shall be inserted—

“5A (1) A Boundary Commission may, if they think fit, cause a local inquiry to be held in respect of any [F6 European Parliamentary] constituency or constituencies.

(2) Where, on the publication of the notice under paragraph 5 above of a recommendation of a Boundary Commission for the alteration of any [F6 European Parliamentary] constituencies, the Commission receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering five hundred or more, the Commission shall not make the recommendation unless, since the publication of the notice, a local inquiry has been held in respect of the [F6 European Parliamentary] constituencies.

(3) Where a local inquiry was held in respect of the [F6 European Parliamentary] constituencies before the publication of the notice mentioned in sub-paragraph (2) above, that sub-paragraph shall not apply if the Commission, after considering the matters discussed at the local inquiry, the nature of the representations received on the publication of the notice and any other relevant circumstances, are of opinion that a further local inquiry would not be justified.

(4) In sub-paragraph (2) above, “interested authority” and “elector” respectively means, in relation to any recommendation, a local authority whose area is wholly or partly comprised in the [F6 European Parliamentary] constituencies affected by the recommendation, and an elector for any of those [F6 European Parliamentary] constituencies; and for this purpose “local authority” means—

(a) in England and Wales, the council of a county, London borough or district, and

(b) in Scotland, the council of a region, islands area or district.”

(7) In paragraph 6 for the words “paragraph 4” there shall be substituted the words “paragraph 5A”.

(8) In paragraph 7 for the words “paragraph 4” there shall be substituted the words “paragraphs 4A and 4B”.

(9) In paragraph 8 for the words “the provisions applied by paragraph 4 above”, in both places where they occur, there shall be substituted the words “this Schedule”.

(10) In paragraph 11—

(a) for the words from “the 1949 Act”, in the first place where they occur, to “Act 1958” there shall be substituted the words—

““the 1986 Act” means the Parliamentary Constituencies Act 1986”, and

(b) for the words “establshed by the 1949 Act” there shall be substituted the words “provided for by the 1986 Act”.

(11) In paragraph 12 for the words “section 2(4) of the 1949 Act” there shall be substituted the words “paragraph 4A above”.

Textual Amendments

F6 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Marginal Citations

M6 1978 c. 10.

The Finance (No. 2) Act 1983 U.K.

F7 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 para. 6 repealed (6.3.1992 with effect as mentioned in s. 289(1)(2) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)

Section 8.

SCHEDULE 4 U.K. Repeals

Chapter	Short Title	Extent of Repeal
11 & 12 Geo. 6. c. 65.	The Representation of the People Act 1948.	Section 1(1).
		Section 81.
12, 13 & 14 Geo. 6. c. 66.	The House of Commons (Redistribution of Seats) Act 1949.	The whole Act.
6 & 7 Eliz. 2. c. 26.	The House of Commons (Redistribution of Seats) Act 1958.	The whole Act.
1963 c. 33.	The London Government Act 1963.	Section 4(7)(c).
		Section 8(1).
		In Schedule 3, in Part II, paragraph 21.
1973 c. 36.	The Northern Ireland Constitution Act 1973.	Section 28(7).
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 3,
		paragraphs 1 and 19.
1979 c. 15.	The House of Commons (Redistribution of Seats) Act 1979.	The whole Act.
1986 c. 12.	The Statute Law (Repeals) Act 1986.	In Schedule 2,
		paragraph 4(1).

Prospective

U.K. TABLE OF DERIVATIONS

Note: The following abbreviations are used in this Table:—

1949 =	The House of Commons (Redustribution of Seats) Act 1949 (12, 13 & 14 Geo. 6 c. 66)
1958 =	The House of Commons (Redistribution of Seats) Act 1958 (6 & 7 Eliz. 2. c. 26)
1963 =	The London Government Act 1963 (c. 33)
1972 =	The Local Government Act 1972 (c. 70)
1973 =	The Local Government (Scotland) Act 1973 (c. 65)
1979 =	The House of Commons (Redistribution of Seats) Act 1979 (c. 15)
SL(R) 1986 =	The Statute Law Repeals Act 1986 (c. 12)
S.I. 1951/753 =	The Transfer of Function (Minister of Health and Minister of Local Government and Planning) (No. 2) Order 1951 (S.I. 1951/753)
S.I. 1968/1656 =	The Minister for the Civil Service Order 1968 (S.I. 1968/1656)
S.I. 1970/1681 =	The Secretary of State for the Environment Order 1970 (S.I. 1970/1681)
S.I. 1973/2095 =	The Local Government reorganisation (Consequential Provisions) (Northern Ireland) Order 1973 (S.I. 1973/2095)
S.I. 1981/1670 =	The Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670)

Provision	Derivation
1(1)	Representation of the People Act 1948 (c. 65) s. 1(1); SL(R) 1986 Sch. 2, para. 4(1).
(2)	1949 s. 4.
2(1)	1949 s. 1(1).
(2)	Introduces Schedule 1.
3(1)	1949 s. 2(1); 1958 s. 2(2).
(2)	1958 s. 2(1).
(3)	1949 s. 2(3); 1958 s. 2(2).
(4)	1949 ss. 3(1), 6.
(5)	1949 s. 2(5).
(6)	Introduces Schedule 2.
4(1)(4)	1949 s. 3(2)(5).
(5),(6)	1949 s. 3(6).
(7)	1949 s. 3(7).
5(1)	1949 s. 2(4).
(2)	1949 Sch. 1 Pt. III, para. 3.
(3)	1958 s. 4(1).
6(1)	1949 Sch. 1 Pt. III, para. 4.
(2),(3)	1958 s. 4(2).
(4)	1958 s. 4(3), (4); 1972 s. 179(3); 1973 Sch. 3, para. 19; S.I. 1973/2095 Art. 2(7).
(5),(6)	1949 Sch. 1 Pt. III, para. 5(1)(2); 1972 s. 272(2).
(7)	1949 Sch. 1 Pt. III, para. 5(3).
79
Sch. 1
para.1)	1949 Sch. 1 Pt. I, para. 1.
2	1949 Sch. 1 Pt. I, paras, 25; 1958 Sch., para. 1; S.I. 1951/753 Art. 8(1); S.I. 1970/1681 Art. 6(3).
3	1958 s. 1(1), Sch. para. 1.
4	1949 Sch. 1 Pt. I, para. 8; 1958 s. 1(1).
5	1958 s. 1(2); Northern Ireland Constitution Act 1973 (c. 36) s. 28(7).
6, 7	1949 Sch. 1 Pt. II, paras. 1, 2; S.I. 1968/1656 Art. 3(2); S.I. 1981/1670 Art. 3(5).
8	1949 Sch. 1 Pt. II, para. 3.
9, 10	1949 Sch. 1 Pt. III, paras. 1, 2.
11, 12	1949 Sch. 1 Pt. III, paras. 6, 7.
Provision	Derivation
Sch. 2
1(1)(3)	1949 Sch. 2, para. 1.
(4)	1949 Sch. 2, para. 1; 1979 s. 1(1), (2).
2, 3	1949 Sch. 2, paras. 2, 3.
4	1949 Sch. 2, para. 4; 1963 Sch. 3 Pt. II, para. 21; 1973 Sch. 3, para. 1; S.I. 1973/2095 Art. 2(7).
5, 6	1949 Sch. 2, paras. 5, 6.
7	1958 s. 2(2).
8	1949 Sch. 2, para. 7; 1958 s. 3, Sch., para. 2.
9	Interpretation.
Sch. 3.
Sch. 4