SCHEDULES
F13Schedule 2 Electoral Regions in England
Part I
Reports of Boundary Commission and Orders in Council
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If a motion for the approval of any such draft is rejected by either House of Parliament or withdrawn by leave of the House, the Secretary of State may amend the draft and lay the amended draft before Parliament, and if the draft as so amended is approved by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
1
Where a Boundary Commission have provisionally determined to make recommendations with respect to any F2European Parliamentary constituency, they shall publish a notice under this paragraph in such manner as they think best calculated to bring it to the attention of those concerned.
2
A notice under this paragraph relating to an F2European Parliamentary constituency shall state—
a
the effect of the proposed recommendations with respect to that constituency and (except where the proposed recommendations do not involve any alteration in that F2European Parliamentary constituency) that copies of the recommendations are open to inspection at one or more specified places within each parliamentary constituency included in that F2European Parliamentary constituency; and
b
that representations with respect to the proposed recommendations may be made to the Commission within one month after the first publication of the notice,
and the Commission shall take into consideration any representations duly made in accordance with any such notice.
F33
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.
F45A
1
A Boundary Commission may, if they think fit, cause a local inquiry to be held in respect of any F5European 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 F5European 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 F5European Parliamentary constituencies.
3
Where a local inquiry was held in respect of the F5European 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 F5European Parliamentary constituencies affected by the recommendation, and an elector for any of those F5European Parliamentary constituencies; and for this purpose “local authority” means—
a
in England F6. . ., the council of a county, London borough or district
F7aa
in Wales, the council of a county or county borough;and
b
in Scotland, F8a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
6
7
Nothing in F10paragraphs 4A and 4B above shall be taken as enabling the Secretary of State to modify any recommendation or draft Order in Council in a manner conflicting with the provisions of Part II of this Schedule.
C18
1
An Order in Council under F11this Schedule shall apply to the first general election of representatives to the Assembly held after the Order comes into force and (subject to any further Order in Council) to any subsequent F12European Parliamentary election, but shall not affect any earlier election.
2
The validity of an F12European Parliamentary election held in an F12European Parliamentary constituency consisting of an area determined by an Order in Council made under F11this Schedule, being an Order which applies to that election, shall not be affected by any alteration made in any parliamentary constituency since the making of that Order.
Sch. 2 substituted (1.5.1999) by 1999 c. 1, s. 2, Sch. 1; S.I. 1999/717, art. 2(1) (with art. 2(3))