SCHEDULES
C2C3SCHEDULE 1 The Boundary Commissions
Sch. 1 functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 9, Sch. 1(c) (with arts. 11, 12)
Constitution
1
The Speaker of the House of Commons shall be the chairman of each of the four Commissions.
2
Each of the four Commissions shall consist of the chairman, a deputy chairman and two other members appointed by the Secretary of State F37....
3
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
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.
F2F14A
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 F38... may determine with the approval of the Treasury.
Officers
5
The officers of each Commission shall include, as assessors, the following persons—
C1a
in the case of the Commission for England, F3 the Statistics Board 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,
6
1
2
7
The Secretary of State F41... 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
8
The expenses of each Commission, F4including 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.
Proceedings and instruments
9
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
For the purpose of considering any matter of common concern, the Commissions, or any two or three of them, may hold joint meetings.
11
Subject to the provisions of this Act, each of the Commissions shall have power to regulate their own procedure.
12
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.
F16...
Sch. 1 para. 13 and cross-heading omitted (25.7.2018) by virtue of The Transfer of Functions (Parliamentary Constituencies Act 1986) Order 2018 (S.I. 2018/780), arts. 1(2), 6(3)(c)
F1613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10SCHEDULE 2Rules for distribution of seats
Sch. 2 substituted (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 11(1), 19(1) (with s. 13(5))
Number of constituencies
1
The number of constituencies in the United Kingdom shall be F19650.
Electorate per constituency
2
1
The electorate of any constituency shall be—
a
no less than 95% of the United Kingdom electoral quota, and
b
no more than 105% of that quota.
2
This rule is subject to rules 4(2), 6(3) and 7.
3
In this Schedule the “ United Kingdom electoral quota ” means—F31
where U is the electorate of the United Kingdom minus the electorate of the constituencies mentioned in rule 6.
Allocation of constituencies to parts of the United Kingdom
3
1
Each constituency shall be wholly in one of the four parts of the United Kingdom (England, Wales, Scotland and Northern Ireland).
2
The number of constituencies in each part of the United Kingdom shall be determined in accordance with the allocation method set out in rule 8.
Area of constituencies
4
1
A constituency shall not have an area of more than 13,000 square kilometres.
2
A constituency does not have to comply with rule 2(1)(a) if—
a
it has an area of more than 12,000 square kilometres, and
b
the Boundary Commission concerned are satisfied that it is not reasonably possible for the constituency to comply with that rule.
Factors
5
1
A Boundary Commission may take into account, if and to such extent as they think fit—
a
special geographical considerations, including in particular the size, shape and accessibility of a constituency;
F20b
local government boundaries which exist, or are prospective, on the review date;
c
boundaries of existing constituencies;
d
any local ties that would be broken by changes in constituencies;
e
the inconveniences attendant on such changes.
F211A
In the case of a local government boundary which is prospective on the review date, it is that boundary rather than any existing boundary which it replaces, which may be taken into account under sub-paragraph (1)(b).
2
The Boundary Commission for England may take into account, if and to such extent as they think fit, F33boundaries of the English regions specified in sub-paragraph (2A) as they exist on the most recent ordinary council-election day before the review date.
F322A
The English regions listed in column (1) of the Table below comprise the areas specified in column (2) of the Table (and a reference to an area specified in column (2) of the Table is to that area as it is for the time being).
(1) | (2) |
|---|---|
Name of Region | Area included |
East Midlands | County of Derby |
County of Derbyshire | |
County of Leicester | |
County of Leicestershire | |
County of Lincolnshire | |
County of Northamptonshire | |
County of Nottingham | |
County of Nottinghamshire | |
County of Rutland | |
Eastern | County of Bedford |
County of Central Bedfordshire | |
County of Cambridgeshire | |
County of Essex | |
County of Hertfordshire | |
County of Luton | |
County of Norfolk | |
County of Peterborough | |
County of Southend-on-Sea | |
County of Suffolk | |
County of Thurrock | |
London | Greater London |
North East | County of Darlington |
County of Durham | |
County of Hartlepool | |
County of Middlesbrough | |
County of Northumberland | |
County of Redcar and Cleveland | |
County of Stockton-On-Tees | |
County of Tyne and Wear | |
North West | County of Blackburn with Darwen |
F34County of Blackpool | |
County of Cheshire East | |
County of Cheshire West and Chester | |
County of Cumbria | |
County of Greater Manchester | |
County of Halton | |
County of Lancashire | |
County of Merseyside | |
County of Warrington | |
South East | County of Berkshire |
County of Brighton and Hove | |
County of Buckinghamshire | |
County of East Sussex | |
County of Hampshire | |
County of Isle of Wight | |
County of Kent | |
County of the Medway Towns | |
County of Milton Keynes | |
County of Oxfordshire | |
County of Portsmouth | |
County of Southampton | |
County of Surrey | |
County of West Sussex | |
South West | County of Bath and North East Somerset |
County of Bournemouth | |
County of the City of Bristol | |
County of Cornwall | |
County of Devon | |
County of Dorset | |
County of Gloucestershire | |
County of North Somerset | |
County of Plymouth | |
County of Poole | |
County of Somerset | |
County of South Gloucestershire | |
County of Swindon | |
County of Torbay | |
County of Wiltshire | |
Isles of Scilly | |
West Midlands | County of Herefordshire |
County of Shropshire | |
County of Staffordshire | |
County of Stoke-on-Trent | |
County of Telford and Wrekin | |
County of Warwickshire | |
County of West Midlands | |
County of Worcestershire | |
Yorkshire and the Humber | County of the City of Kingston upon Hull |
County of the East Riding of Yorkshire | |
County of North East Lincolnshire | |
County of North Lincolnshire | |
County of North Yorkshire | |
County of South Yorkshire | |
County of West Yorkshire | |
County of York |
3
This rule has effect subject to rules 2 and 4.
Protected constituencies
6
1
There shall be two constituencies in the Isle of Wight.
2
There shall continue to be—
a
a constituency named Orkney and Shetland, comprising the areas of the Orkney Islands Council and the Shetland Islands Council;
b
a constituency named Na h-Eileanan an Iar, comprising the area of Comhairle nan Eilean SiarF23;
c
a constituency named Ynys Môn, comprising the area of the Isle of Anglesey County Council.
3
Rule 2 does not apply to these constituencies.
Northern Ireland
7
1
In relation to Northern Ireland, sub-paragraph (2) below applies in place of rule 2 where—
a
the difference between—
i
the electorate of Northern Ireland, and
ii
the United Kingdom electoral quota multiplied by the number of seats in Northern Ireland (determined under rule 8),
exceeds one third of the United Kingdom electoral quota, and
b
the Boundary Commission for Northern Ireland consider that having to apply rule 2 would unreasonably impair—
i
their ability to take into account the factors set out in rule 5(1), or
ii
their ability to comply with section 3(2) of this Act.
2
The electorate of any constituency shall be—
a
no less than whichever is the lesser of—
and 95% of the United Kingdom electoral quota, and
b
no more than whichever is the greater of—
and 105% of the United Kingdom electoral quota,
where—
N is the electorate of Northern Ireland divided by the number of seats in Northern Ireland (determined under rule 8), and
A is 5% of the United Kingdom electoral quota.
The allocation method
8
1
The allocation method referred to in rule 3(2) is as follows.
2
The first constituency shall be allocated to the part of the United Kingdom with the greatest electorate.
3
The second and subsequent constituencies shall be allocated in the same way, except that the electorate of a part of the United Kingdom to which one or more constituencies have already been allocated is to be divided by—
where C is the number of constituencies already allocated to that part.
4
Where the figure given by sub-paragraph (3) above is the same for two or more parts of the United Kingdom, the part to which a constituency is to be allocated shall be the one with the smaller or smallest actual electorate.
5
This rule does not apply to the constituencies mentioned in rule 6, and accordingly—
a
the electorate of England shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule 6(1);
b
c
the electorate of Wales shall be treated for the purposes of this rule as reduced by the electorate of the constituency mentioned in rule 6(2)(c).
Interpretation
9
1
This rule has effect for the purposes of this Schedule.
2
F28Subject to sub-paragraph (2A), the “electorate” of the United Kingdom, or of a part of the United Kingdom or a constituency, is the total number of persons whose names appear on the relevant version of a register of parliamentary electors in respect of addresses in the United Kingdom, or in that part or that constituency.
For this purpose the relevant version of a register is the version that is required by virtue of subsection (1) of section 13 of the Representation of the People Act 1983 to be published no later than the review date, or would be so required but for—
a
any power under that section to prescribe a later date, or
b
subsection (1A) of that section.
F292A
In relation to a report under section 3(1) that a Boundary Commission is required (by section 3(2)) to submit before 1 July 2023, the “electorate” of the United Kingdom, or of a part of the United Kingdom or a constituency, is the total number of persons whose names appear on a register of parliamentary electors (maintained under section 9 of the Representation of the People Act 1983) in respect of addresses in the United Kingdom, or in that part or that constituency, as that register has effect on 2 March 2020.
3
“Local government boundaries” are—
a
in England, the boundaries of counties and their electoral divisions, districts and their wards, London boroughs and their wards and the City of London,
b
in Wales, the boundaries of counties, county boroughs, electoral F36wards, communities and community wards,
c
in Scotland, the boundaries of local government areas and the electoral wards into which they are divided under section 1 of the Local Governance (Scotland) Act 2004, and
d
in Northern Ireland, the boundaries of wards.
F223A
A local government boundary is “prospective” on a particular date if, on that date—
a
it is specified in a provision of primary or secondary legislation, but
b
that provision is not yet in force for all purposes.
3B
For that purpose—
a
“primary legislation” means—
i
an Act of Parliament,
ii
an Act of the Scottish Parliament,
iii
an Act of Senedd Cymru, or
iv
Northern Ireland legislation, and
b
“secondary legislation” means an instrument made under primary legislation.
4
“Ordinary council-election day” is—
a
in relation to England and Wales, the ordinary day of election of councillors for local government areas;
b
in relation to Scotland, the day on which the poll is held at ordinary elections of councillors for local government areas;
c
in relation to Northern Ireland, the day of an election for any district council (other than an election to fill a casual vacancy).
5
The “ review date ”, in relation to a report under section 3(1) of this Act that a Boundary Commission is required (by section 3(2)) to submit before a particular date, is F30—
a
1 December 2020, in the case of a report required to be submitted before 1 July 2023, and
b
in the case of a report required to be submitted before any other particular date, the date which is two years and 10 months before that date.
(For example, 1 December 2028 in the case of a report required to be submitted before 1 October 2031).
6
“ The United Kingdom electoral quota ” has the meaning given by rule 2(3).
7
A reference in rule 6F26(2)(a) or (b) to an area is to the area as it existed on the coming into force of Part 2 of the Parliamentary Voting System and Constituencies Act 2011 F27, and the reference in rule 6(2)(c) to the area of the Isle of Anglesey County Council is to the area as it existed on the coming into force of the Schedule to the Parliamentary Constituencies Act 2020.
F11SCHEDULE 2APublic hearings about Boundary Commission proposals
Sch. 2A inserted (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 11 (with s. 13(5))
Purpose of hearings
1
The purpose of a public hearing is to enable representations to be made about any of the proposals with which the hearing is concerned.
Number of hearings
2
1
In relation to any particular report under section 3(1)(a) of this Act—
a
the Boundary Commission for England shall cause at least two and no more than five public hearings to be held in each English region;
b
the Boundary Commission for Scotland shall cause at least two and no more than five public hearings to be held in Scotland;
c
the Boundary Commission for Wales shall cause at least two and no more than five public hearings to be held in Wales;
d
the Boundary Commission for Northern Ireland shall cause at least two and no more than five public hearings to be held in Northern Ireland.
2
The public hearings in an English region shall be concerned with proposals for that region, and shall between them cover the whole region.
3
The public hearings in Scotland shall be concerned with proposals for Scotland, and shall between them cover the whole of Scotland.
4
The public hearings in Wales shall be concerned with proposals for Wales, and shall between them cover the whole of Wales.
5
The public hearings in Northern Ireland shall be concerned with proposals for Northern Ireland, and shall between them cover the whole of Northern Ireland.
Chair of hearing
3
For each public hearing the Boundary Commission concerned shall appoint a person to chair the hearing.
Length of hearings
4
A public hearing shall be completed within two days.
Procedure at hearings
5
It is for the chair of each public hearing to determine the procedure that is to govern that hearing.
6
The chair shall make arrangements for a public hearing to begin with an explanation of—
a
the proposals with which the hearing is concerned;
b
how written representations about the proposals may be made (as mentioned in section 5(1)(a), (4)(b) F17, (4B)(b) or (5)(c) of this Act).
7
1
The chair of a public hearing must allow representations to be made—
a
by each qualifying party;
b
by any other persons (whether individuals or organisations) considered by the chair to have an interest in any of the proposals with which the hearing is concerned.
Paragraph (b) above has effect subject to sub-paragraph (3)(b) below.
2
The chair may restrict the amount of time allowed for representations—
a
by qualifying parties, and
b
by other persons,
and need not allow the same amount to each.
3
The chair may determine—
a
the order in which representations are made, and
b
if necessary because of shortage of time, which of those wishing to make representations are not allowed to do so,
in whatever way the chair decides.
8
1
The chair may put questions, or allow questions to be put, to a person present at the hearing.
2
If questions are allowed to be put, the chair may regulate the manner of questioning or restrict the number of questions a person may ask.
Interpretation
9
In this Schedule—
“the chair” means the person appointed under paragraph 3 above;
F35“English region” means a region specified in rule 5(2A) of Schedule 2 as the region existed on the day referred to in rule 5(2) of that Schedule;
“public hearing” means a hearing under F18section 5(4)(c) of this Act;
“qualifying party” means a party that is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 and either—
- a
has at least one Member of the House of Commons representing a constituency in the region, or (as the case may be) the part of the United Kingdom, in which the hearing is held, or
- b
received at least 10% of the votes cast in that region or part in the most recent parliamentary general election.
- a
SCHEDULE 3 Consequential Amendments
The Northern Ireland Constitution Act 1973
F51
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F62
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The House of Commons Disqualification Act 1975
3
In Part III of Schedule 1 to the M1House 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”.
The Northern Ireland Assembly Disqualification Act 1975
4
In Part III of Schedule 1 to the M2Northern 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”.
The F8European Parliamentary Elections Act 1978
Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F75
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Finance (No. 2) Act 1983
F96
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4 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). |
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 | |
Sch. 1 functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(c) (with arts. 3(2), 6, 12)