C2C3 Part II Changes in Local Government Areas
Pt. 2 applied (with modifications) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), s. 20(3)(4), 31(2); S.S.I. 2018/282, reg. 2
F2Proposals by Boundaries Scotland
S. 12 cross-heading substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(14); S.S.I. 2021/124, reg. 2, sch.
C117F1Boundaries Scotland's reports and implementation
1
Boundaries Scotland must submit a report to the Scottish Ministers where it—
a
has a power or duty to formulate proposals to the Scottish Ministers, and
b
has been conducting a review of—
i
any area in accordance with section 14 or 15, or
ii
electoral arrangements in accordance with section 16.
2
Boundaries Scotland must—
a
include in the report either—
i
the proposals it has formulated following the review (or any part of the review), or
ii
a notification that it has no proposals to make following the review (or any part of the review), and
b
submit the report not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16.
3
Where the report includes a proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).
4
As soon as practicable after Boundaries Scotland has submitted a report under this section, the Scottish Ministers must—
a
lay the report before the Scottish Parliament, and
b
if the report proposes an alteration to any local government area or to any electoral arrangements, either—
i
by regulations give effect to those proposals, or
ii
lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations giving effect to those proposals (“draft instrument”), in the case where the regulations are subject to the affirmative procedure.
5
Regulations under subsection (4)(b) are subject to the affirmative procedure if they—
a
abolish or alter the boundaries of—
i
any local government area,
ii
any electoral ward, or
b
increase or decrease the number of councillors to be returned in any electoral ward.
6
If the draft instrument is withdrawn, or if the motion for the approval of the draft instrument is rejected by the Scottish Parliament, the Scottish Ministers must either—
a
amend the draft instrument to make such minor or technical alterations as they consider appropriate (“amended draft instrument”) and lay the amended draft instrument before the Scottish Parliament, or
b
notify Boundaries Scotland that it is required to conduct a further review of the proposals in accordance with section 17A.
7
As soon as reasonably practicable after laying for approval the amended draft instrument in accordance with subsection (6)(a), the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft instrument.
8
The Scottish Ministers must not withdraw a draft instrument or an amended draft instrument laid before the Scottish Parliament under subsection (4)(b)(ii) or, as the case may be, (6)(a) except with the agreement of the Scottish Parliament.
9
If the Scottish Parliament approves—
a
a draft instrument laid before it by the Scottish Ministers under subsection (4)(b)(ii), or
b
an amended draft instrument laid before it by the Scottish Ministers under subsection (6)(a),
the Scottish Ministers must make the regulations contained in the draft instrument or, as the case may be, the amended draft instrument.
10
The Scottish Ministers may lay before the Scottish Parliament under paragraph (b)(ii) of subsection (4) more than one draft Scottish statutory instrument containing regulations giving effect to proposals referred to in that subsection.
11
Accordingly, the references in subsections (6) to (8) to a draft instrument or an amended draft instrument include references to more than one draft instrument or amended draft instrument.
Pt. 2 applied (with modifications) (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(2), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)