Northern Ireland Constitution Act 1973

28 Constituencies and number of members. U.K.

(1) Section 1(2) of the M1 Northern Ireland Assembly Act 1973 and the Schedule to that Act (which provide for the members of the Assembly to be returned for the constituencies in Northern Ireland which would return members to the Parliament of the United Kingdom if a general election were held at the passing of that Act and specifies the number of members to be returned by each constituency) shall apply also in relation to any subsequent election of members of the Assembly and, subject to subsection (6) below, shall so apply as if for the reference to the passing of that Act there were substituted a reference to the date on which the election is held.

(2) Where the Boundary Commission for Northern Ireland submit to the Secretary of State a report under [F1 section 3(1) or (3) of the Parliamentary Constituencies Act 1986] showing the constituencies into which the whole of, or any area in, Northern Ireland should be divided they shall submit therewith a supplementary report showing the number of members which they recommend should be returned to the Assembly by each of those constituencies.

(3) The recommendations in a supplementary report shall not be such as substantially to alter the number of members specified in section 1(1) of the said Act of 1973 (total number of members of Assembly); and those recommendations shall be such as to secure, so far as practicable, that the ratio of the electorate of each constituency to the number of members to be returned by that constituency is the same in every constituency.

• In this subsection “the electorate”, in relation to a constituency, means the number of persons whose names appear on the register of electors for that constituency in force on the enumeration date (as defined in Schedule 2 to the said [F2 Act of 1986]) under section 29 below.

(4) [F3 Sections 3(4) and (5), 4 and 5(1) (implementation of recommendations in report of Boundary Commission and publication of notice of proposed report)] shall apply to a supplementary report under this section as they apply to a report under that Act.

[F4 (5) An Order in Council under the said Act of 1986 for giving effect, with or without modifications, to the recommendations contained in a report or supplementary report of the Boundary Commission for Northern Ireland may make amendments consequential on giving effect to those recommendations in section 1(1) of and in the Schedule to the said Act of 1973.]

[F4 (6) Any provision of an Order in Council under the said Act of 1949 altering the bounderies of any constituency in Northern Ireland or the number of members specified in the said sectiobn 1(1) or the said Schedule in relation to any constituency shall not affect any election to the Assembly before the next general election to the Assembly or affect the constitution of the Assembly then in being.]

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 1(2)

F2 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para.1(3)

F3 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 1(4)

F4 S. 28(5) substituted by virtue of Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 1(5) (s. 28(5)(6) were substituted by House of Commons (Redistribution of Seats) Act 1979 (c.15, SIF 42), s. 1(5) and that s. 1(5) was repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 8(1), Sch. 4: s. 28(6) as now set out in this Act is in the form in which it was originally enacted.)

F5 S. 28(7) repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 8, Sch. 4

Marginal Citations

M1 1973 c. 17.