Local Government Act 1972

Section 78.

SCHEDULE 11 E+W Rules to be Observed in Considering Electoral Arrangements

Modifications etc. (not altering text)

C1 Sch. 11 applied (6.3.1992) by Local Government Act 1992 (c. 19), s. 27(2)

Counties E+W

1 (1) This paragraph applies to the consideration by the Secretary of State or either of the Commissions of the electoral arrangements for elections of county councillors [F1 but does not apply in relation to any county in Wales].

(2) Having regard to any change in the number or distribution of the local government electors of the county likely to take place within the period of five years immediately following the consideration—

(a) the number of local government electors shall be, as nearly as may be, the same in every electoral division of the county;

(b) every electoral division shall lie wholly within a single district;

(c) every ward of a parish F2 . . . having a parish or community council (whether separate or common) shall lie wholly within a single electoral division; and

(d) every parish F3 . . . which is not divided into parish or community wards shall lie wholly within a single electoral division.

(3) Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable;

(b) any local ties which would be broken by the fixing of any particular boundary; and

(c) the boundaries of the wards of the districts in the county.

Textual Amendments

F1 Words in Sch. 11 para. 1(1) added (5.7.1994) by 1994 c. 19, ss. 7(2)(a), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F2 Words in Sch. 11 para. 1(2)(c) omitted (5.7.1994) by 1994 c. 19, ss. 7(2)(b), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)) (and expressed to be repealed (1.4.1996) by 1994 c. 19, s. 66(8), Sch. 18; S.I. 1996/396, art. 4, Sch. 2)

F3 Words in Sch. 11 para. 1(2)(d) omitted (5.7.1994) by 1994 c. 19, ss. 7(2)(b), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)) (and expressed to be repealed (1.4.1996) by 1994 c. 19, s. 66(8), Sch. 18; S.I. 1996/396, art. 4, Sch. 2)

[F4 Welsh counties and county boroughs] E+W

Textual Amendments

F4 Sch. 11 para. 1A and preceeding cross-heading inserted (5.7.1994) by 1994 c. 19, ss. 7(3), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

[F5 1A (1) This paragraph applies to the consideration by the Secretary of State or the Welsh Commission of the electoral arrangements for elections of councillors for principal areas in Wales. E+W

(2) Subject to any direction under sub-paragraph (3) below, the Welsh Commission shall, when considering the arrangements for elections of councillors for any principal area in Wales, provide for there to be a single member for each electoral division.

(3) The Secretary of State may give a direction to the Welsh Commission requiring it to consider the desirability of providing for multi-member electoral divisions for the area to which the direction relates (which may be the whole or a specified part of a principal area in Wales).

(4) For the purposes of this paragraph, an electoral division is a multi-member division if the arrangements made for the elections of councillors provide for a specified number of councillors (greater than one) to be elected for that division.

(5) Having regard to any change in the number or distribution of the local government electors of the principal area likely to take place within the period of five years immediately following the consideration—

(a) subject to paragraph (b), the number of local government electors shall be, as nearly as may be, the same in every electoral division in the principal area;

(b) where there are one or more multi-member divisions, the ratio of the number of local government electors to the number of councillors to be elected shall be, as nearly as may be, the same in every electoral division in the principal area (including any that are not multi-member divisions);

(c) every ward of a community having a community council (whether separate or common) shall lie wholly within a single electoral division; and

(d) every community which is not divided into community wards shall lie wholly within a single electoral division.

(6) Subject to sub-paragraph (5) above, in considering the electoral arrangements referred to in sub-paragraph (1) above, regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable; and

(b) any local ties which would be broken by the fixing of any particular boundary.]

Textual Amendments

F5 Sch. 11 para. 1A inserted (5.7.1994) by 1994 c. 19, ss. 7(3), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Modifications etc. (not altering text)

C2 Sch. 11 para. 1A: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise prosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

F6 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 11 para. 2 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Districts and London boroughs E+W

3 (1) This paragraph applies to the consideration by the Secretary of State or either of the Commissions of the electoral arrangements for elections of councillors of a district or London borough.

(2) Having regard to any change in the number or distribution of the local government electors of the district or borough likely to take place within the period of five years immediately following the consideration—

(a) the ratio of the number of local government electors to the number of councillors to be elected shall be, as nearly as may be, the same in every ward of the district or borough;

(b) in a district every ward of a parish F7 . . . having a parish F7 . . . council (whether separate or common) shall lie wholly within a single ward of the district;

(c) in a district every parish F8 . . . which is not divided into parish F8 . . . wards shall lie wholly within a single ward of the district.

(3) Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above, regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable; and

(b) any local ties which would be broken by the fixing of any particular boundary.

Textual Amendments

F7 Words in Sch. 11 para. 3(2)(b) repealed (1.10.1995) by 1994 c. 19, s. 66(5)(8), Sch. 15 para. 61, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 5, Sch. 3

F8 Words in Sch. 11 para. 3(2)(c) repealed (1.10.1995) by 1994 c. 19, s. 66(5)(8), Sch. 15 para. 61, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 5, Sch. 3

Parishes and communities E+W

4 (1) This paragraph applies to the consideration by the Secretary of State, by either of the Commissions [F9 by a Welsh principal council] or by a district council of the electoral arrangements for a parish or community having a parish or community council (whether separate or common).

(2) In considering whether any such parish or community is to be divided into parish or community wards, regard shall be had to the questions whether—

(a) the number or distribution of the local government electors for the parish or community is such as to make a single election of parish or community councillors impracticable or inconvenient; and

(b) it is desirable that any area or areas of the parish or community should be separately represented on the parish or community council.

(3) Where it is decided to divide any such parish or community into parish or community wards, in considering the size and boundaries of the wards and in fixing the number of parish or community councillors to be elected for each ward, regard shall be had to—

(a) any change in the number or distribution of the local government electors of the parish or community which is likely to take place within the period of five years immediately following the consideration;

(b) the desirability of fixing boundaries which are and will remain easily identifiable; and

(c) any local ties which will be broken by the fixing of any particular boundaries.

(4) Where it is decided not to divide the parish or community into parish or community wards, in fixing the number of councillors to be elected for each parish or community regard shall be had to the number and distribution of the local government electors of the parish or community and any change in either which is likely to take place within the period of five years immediately following the fixing of the number of parish or community councillors.

Textual Amendments

F9 Words in Sch. 11 para. 4 inserted (5.7.1994) by 1994 c. 19, ss. 7(4), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F10 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 11 para. 5 (inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 Pt. II para. 2(8)) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I