Democracy and Boundary Commission Cymru etc. Act 2013

36 Reporting on review E+W

(1) The Commission or, as the case may be, a principal council (“the reviewing body”) must, after the [F1 public consultation period] under section 35(3) has ended, consider its proposals for change having regard to any representations received by it during the period.

(2) The reviewing body must then prepare a further report.

(3) Except in relation to a review under section 31, the report must contain—

(a) any recommendation for change which the reviewing body considers appropriate or, if it does not consider any change appropriate, a recommendation to that effect,

(b) details of the review conducted and the consultation carried out in respect of the proposals, and

(c) details of any changes to the proposals made in light of the representations received and an explanation of why those changes have been made.

(4) Where the review is under section 31, the report must contain—

(a) the changes the reviewing body intends to make to the electoral arrangements for the community under review, or if it does not consider that any such change is appropriate, a statement to that effect,

(b) details of the review conducted and the consultation carried out in respect of the proposals, and

(c) details of any changes to the proposals made in light of the representations it received and an explanation of why those changes have been made.

(5) The reviewing body must—

(a) submit the report and its recommendations to the appropriate implementing authority (except where it is the implementing authority),

(b) publish the report electronically and secure that it is available for inspection (without charge) at the offices of any principal council with an interest for a period of at least 6 weeks beginning with the date of publication,

(c) send a copy of the report to the mandatory consultees, Ordnance Survey and (unless they are the implementing authority) the Welsh Ministers,

(d) inform any other person who submitted evidence or made representations in relation to the report published under section 35 how to obtain a copy of the report.

(6) For the purposes of subsection (5), the “appropriate implementing authority” is—

(a) in relation to a review under section 23, the Welsh Ministers and, in a case where the Commission are making a recommendation for change to a police area, the Secretary of State (in so far as relating to that change);

(b) in relation to a review under section 25, the Commission;

(c) in relation to a review under section 26, 27, 28 or 29, the Welsh Ministers;

(d) in relation to a review under section 32, the principal council of the community which has been the subject of the review.

(7) Where the principal council submits a report to the Commission in relation to a review under section 25, the Commission is not to be treated as a mandatory consultee for the purposes of subsection (5)(c).

(8) For the purposes of this section a principal council has an interest in a review if—

(a) it is the reviewing body;

(b) its area is under review;

(c) a community in its area (or the electoral arrangements of such a community) is under review.

(9) In this section, a reference to a recommendation for change is a reference to any change that the reviewing body may recommend or make (including consequential change) in relation to the type of review being conducted.

Textual Amendments

F1 Words in s. 36(1) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 45(4), 72(2)(a) (with s. 55)