Local Government Act 1992 (c. 19)

Part II E+W+S Local Government Changes for England

Functions of the Local Government Commission E+W

[F1 13 Reviews and Recommendations E+W

F2 ( 1 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 ( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F4 (equality of representation), and

(d) any scheme for elections specified by order under section 86 of the Local Government Act 2000 F5 (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—

F6 ( a ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F1 S. 13 substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 1

F2 S. 13(1) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 2(a), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F3 S. 13(2) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 2(a), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F4 c. 70.

F5 c. 22.

F6 S. 13(7)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 2(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Modifications etc. (not altering text)

C1 S. 13: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

14 Changes that may be recommended. E+W

(1) For the purposes of this Part—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an electoral change is a change of electoral arrangements for any local government area, F9 ...

F10 ...

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1)(c) above “electoral arrangements” means—

(a) in relation to a principal area—

(i) the number of councillors of the council for that area;

(ii) the number and boundaries of the electoral areas into which that area is for the time being divided for the purposes of the election of councillors;

(iii) the number of councillors to be elected for any electoral area in that principal area F13 . . .; and

(iv) the name of any electoral area;

(b) in relation to a parish council—

(i) the number of councillors;

(ii) the question whether or not the parish or (in the case of a common parish council) any of the parishes should be divided into wards for the purposes of the election of councillors;

(iii) the number and boundaries of any such wards;

(iv) the number of councillors to be elected for any such ward or, in the case of a common parish, for each parish; and

(v) the name of any such ward.

F14 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (8) Notwithstanding section 6(2)(a) of the M1 Local Government Act 1972, the [F18 the Boundary Committee for England ] may recommend under [F19 [F20 section 13(3) or (4) ] above ] that an electoral division of a non-metropolitan county should return more than one councillor. ]

Textual Amendments

F7 S. 14(1)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(a)(i), 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F8 S. 14(1)(b) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(a)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F9 Words in s. 14(1)(c) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(a)(ii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F10 Words in s. 14(1) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(a)(iii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F11 S. 14(2) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F12 S. 14(3) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F13 Words in s. 14(4)(a)(iii) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 8, Sch. 1 para. 2(3)

F14 S. 14(5) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F15 S. 14(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F16 S. 14(7) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F17 S. 14(8) inserted (28.9.2000) by 2000 c. 22, ss. 89(2), 108(2)

F18 Words in s. 14(8) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 2(4)(a)

F19 Words in s. 14(8) substituted (16.2.2001) by 2000 c. 41, ss. 158(1), Sch. 21, para. 10 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I

F20 Words in s. 14(8) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 2(4)(b)

Modifications etc. (not altering text)

C2 S. 14: power to transfer or modify functions conferred (30.11.2000) by 2000 c. 41, ss. 18(3)(a), 163(3)(d) (with s. 156(6))

C3 S. 14: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

C4 S. 14 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

Marginal Citations

M1 1992 c. 19.

15 Procedure on a review. E+W

(1) As soon as reasonably practicable after being directed to conduct a review, the [F21 Boundary Committee for England] shall take such steps as [F21 they consider] sufficient to secure that persons who may be interested in the review are informed of—

(a) the direction requiring that review to be conducted;

(b) any other directions under this Part which are relevant to the review; and

(c) the period within which representations with respect to the subject-matter of the review may be made.

(2) As soon as reasonably practicable after [F22 being directed to conduct a review of any area under section 13(4) above, the Boundary Committee for England] shall take such steps as [F22 they consider] sufficient to secure that persons who may be interested in the review are informed of—

(a) the fact that the [F22 Committee are] to conduct a periodic review of that area;

(b) any directions under this Part which are relevant to the review; and

(c) the period within which representations with respect to the subject-matter of the review may be made.

(3) In conducting a review, the [F23 Boundary Committee for England] shall—

(a) take into consideration any representations made to [F23 them] within the period mentioned in subsection (1)(c) or (2)(c) above;

(b) prepare draft recommendations and take such steps as [F23 they consider]sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made;

(c) deposit copies of the draft recommendations at the principal office of any principal council [F24 or police authority] appearing to that [F23 Committee]to be likely to be affected by them; and

(d) take into consideration any representations made to that [F23 Committee]within that period.

[F25 (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.]

(5) Copies of any draft recommendations deposited at the principal office of a principal council under subsection (3)(c) above, and of any recommendations deposited at any such office under subsection (4)(c) above, shall be kept available for inspection at that office throughout the period within which representations with respect to them may be made or, as the case may be, within which they may be inspected.

[F26 (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.]

[F27 (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—

F28 ( a ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(8) This section shall have effect as if the Common Council of the City of London were a principal council and the City of London included the Inner Temple and the Middle Temple.

Textual Amendments

F21 Words in s. 15(1) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(2)

F22 Words in s. 15(2) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(3)

F23 Words in s. 15(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(4)

F24 Words in s. 15(3)(c)(4)(c) substituted (1.4.1995) by 1994 c. 29, s. 39(3); S.I. 1994/3262, art. 4, Sch.

F25 S. 15(4) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(5)

F26 S. 15(6) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(6)

F27 S. 15(7)(7A) substituted (1.4.2002) for s. 15(7) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(7)

F28 S. 15(7A)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 4, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Modifications etc. (not altering text)

C5 S. 15: power to transfer or modify functions conferred (30.11.2000) by 2000 c. 41, ss. 18(3)(a), 163(3)(d), (with s. 156(6))

C6 S. 15: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

C7 S. 15 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

[F29 15A Alternative procedure on a review E+W

(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.]

Textual Amendments

F29 S. 15A inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 4

Modifications etc. (not altering text)

C8 S. 15A applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

F30 16 Consultation with the Audit Commission. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 S. 16 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 5, Sch. 8 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)