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

The Local Government and Rating Act 1997

7.  For section 13 of the 1997 Act (consultation with Local Government Commission) substitute—

“13.    Consideration by Electoral Commission

(1) Where the Electoral Commission are sent any proposals under section 9 or 12, or the Secretary of State requests the Commission to advise him on any recommendations made to him under either of those sections, the Commission may direct the Boundary Committee for England to carry out a review of the proposals or recommendations either—

(a) in accordance with the procedure prescribed in section 15 of the Local Government Act 1992 (procedure on a review); or

(b) if they consider it more appropriate in the circumstances, in accordance with the procedure prescribed in section 15A of that Act (alternative procedure on a review),

and to make recommendations to the Commission.

(2) The Electoral Commission may advise the Secretary of State to give effect to any recommendations made to him subject to such changes as appear to them to be appropriate.

(3) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(4) A direction may, in particular, require the Boundary Committee for England to have regard to—

(a) any guidance given by the Electoral Commission;

(b) guidance given by the Secretary of State as to matters to be taken into account in relation to boundary changes or the constitution of a new parish.”