The Local Government Commission for England (Transfer of Functions) Order 2001

6.—(1) Section 17 (implementation of recommendations)(1) is amended as follows:

(2) For subsection (1) substitute—

“(1) Where the Electoral Commission make recommendations to the Secretary of State for structural or boundary changes in response to a request by him under section 13, he may by order give effect to all or any of the recommendations, with or without modifications.”

(3) After subsection (1) insert—

“(1A) Where the Boundary Committee for England make recommendations to the Electoral Commission for electoral changes, the Commission may by order give effect to all or any of the recommendations, subject to any modifications to those recommendations agreed with that Committee”.

(4) In subsection (2)—

(a) for the words “the submission of the report” substitute “the receipt of recommendations or the submission of a report”;

(b) omit the words from “the Secretary of State” to the end and substitute—

“(a) the Secretary of State may request the Electoral Commission to supply him with additional information or advice; and

(b) the Electoral Commission may direct the Boundary Committee for England to supply them with additional information or advice”.

(5) In subsection (3)—

(a) insert at the beginning “Subject to subsection (3A) below,”; and

(b) for “Local Government Commission” substitute “Electoral Commission or of the Boundary Committee for England”.

(6) After subsection (3) insert—

“(3A) An order made by the Secretary of State under subsection (1) above may not include provision as to the matters mentioned in paragraphs (d), (e) and (ea)(2) of subsection (3) above.

(3B) An order made by the Electoral Commission under subsection (1A) above may not include provision as to the matters mentioned in paragraphs (a) to (c), (g) and (h) of subsection (3) above.”

(7) In subsection (4), for “The power” substitute “A power”.

(8) In subsection (7)(3), for the words “this section” substitute “subsection (1A) above.”

(1)

Section 17 is amended by section 39 of the Police and Magistrates Courts Act 1994, by section 20 of the Local Government and Rating Act 1997 and by section 89(3) of the Local Government Act 2000.

(2)

Paragraph (ea) was inserted by section 20 of the Local Government and Rating Act 1997.

(3)

Subsection (7) was inserted by section 89(3) of the Local Government Act 2000.