European Assembly Elections Act 1978 (Repealed)

Section 3 and Schedule 1, para. 1.

SCHEDULE 2 U.K. [F1 European Parliamentary] Constituencies in Great Britain

Textual Amendments

F1 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Part I U.K.

Reports of Boundary Commission and Orders in Council U.K.

[F2 1 If—

(a) an Order in Council has been made under [F3 the 1986 Act] giving effect, with or without modifications, to the recommendations contained in a report submitted to the Secretary of State under [F4 section 3(1)] of that Act by the Boundary Commission for any part of Great Britain; or

(b) the Boundary Commission for any part of Great Britain have submitted a report to the Secretary of State under [F4 section 3(1)] stating that, in the opinion of the Commission, no alteration is required to be made in the parliamentary constituencies into which that part of Great Britain is divided;

the Boundary Commission shall thereupon proceed to consider the representation in [F5 the European Parliament] of the part of Great Britain with which they are concerned and shall as soon as may be after that time submit to the Secretary of State a supplementary report in accordance with paragraph 2 below.]

Textual Amendments

F2 Sch. 2 para. 1 substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s.1(1)

F3 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(2)(a)

F4 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(2)(b)

F5 Reference to the European Parliament substituted retrospectively for reference to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

2 [F6 The supplementary report which the Boundary Commission for any part of Great Britain is required under paragraph 1 above to submit to the Secretary of State shall be a] report either—

(a) showing the [F7 European Parliamentary] constituencies into which they recommend that that part of Great Britain should be divided in order to give effect to the provisions of paragraph 1(2) of Schedule 1 to this Act and Part II of this Schedule; or

(b) stating that, in the opinion of the Commission, no alteration is required to be made in the [F7 European Parliamentary] constituencies in that part of Great Britain in order to give effect to those provisions.

Textual Amendments

F6 Words substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s. 1(2)

F7 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

[F8 3 If—

(a) an Order in Council has been made under [F9 the 1986 Act] giving effect, with or without modifications, to recommendations for the alteration of any particular parliamentary constituency or constituencies contained in a report submitted to the Secretary of State under [F10 section 3(3)] of that Act by the Boundary Commission for any part of Great Britain; and

(b) the result of the alterations in parliamentary constituencies made by the Order is that paragraph 9 below is no longer complied with in relation to one or more of the [F11 European Parliamentary] constituencies into which that part of Great Britain is divided;

the Boundary Commission shall thereupon proceed to consider in what manner the [F11 European Parliamentary] constituency or constituencies affected should be altered in order that paragraph 9 be complied with and shall as soon as may be after that time submit to the Secretary of State a supplementary report showing the alterations which they recommended should be made in the [F11 European Parliamentary] constituency or constituencies for that purpose.]

Textual Amendments

F8 Sch. 2 para. 3 substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s. 1(3)

F9 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(3)(a)

F10 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(3)(b)

F11 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

[F12 4 A supplementary report of a Boundary Commission under this Schedule showing the [F13 European Parliamentary] constituencies into which they recommend that any area should be divided shall state, as respects each [F13 European Parliamentary] constituency, the name by which they recommend that it should be known.]

Textual Amendments

F12 Sch. 2 paras. 4, 4A, 4B substituted for para. 4 by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(4)

F13 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

4A (1) Where the Boundary Commission for any part of Great Britain intend to consider making a supplementary report under this Schedule, they shall, by notice in writing, inform the Secretary of State accordingly, and a copy of the notice shall be published—

(a) in a case where it was given by the Boundary Commission for England or the Boundary Commission for Wales, in the London Gazette, and

(b) in a case where it was given by the Boundary Commission for Scotland, in the Edinburgh Gazette.

(2) As soon as may be after a Boundary Commission have submitted a supplementary report to the Secretary of State under this Schedule, he shall lay the report before Parliament together, except in a case where the report states that no alteration is required to be made in respect of the part of Great Britain with which the Commission are concerned, with the draft of an Order in Council for giving effect, whether with or without modifications, to the recommendations contained in the report.

4B (1) The draft of any Order in Council laid before Parliament by the Secretary of State under this Schedule for giving effect, whether with or without modifications, to the recommendations contained in a supplementary report of a Boundary Commission may make provision for any matters which appear to him to be incidental to, or consequential on, the recommendations.

(2) Where any such draft gives effect to any such recommendations with modifications, the Secretary of State shall lay before Parliament together with the draft a statement of the reasons for the modifications.

(3) If any such draft is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.

(4) If a motion for the approval of any such draft is rejected by either House of Parliament or withdrawn by leave of the House, the Secretary of State may amend the draft and lay the amended draft before Parliament, and if the draft as so amended is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.

(5) Where the draft of an Order in Council is submitted to Her Majesty in Council under this Schedule, Her Majesty in Council may make an Order in terms of the draft which (subject to paragraph 8 below) shall come into force on such date as may be specified in the Order and shall have effect notwithstanding anything in any enactment.

(6) The validity of any Order in Council purporting to be made under this Schedule and reciting that a draft of the Order has been approved by resolution of each House of Parliament shall not be called in question in any legal proceedings whatsoever.

5 (1) Where a Boundary Commission have provisionally determined to make recommendations with respect to any [F14 European Parliamentary] constituency, they shall publish a notice under this paragraph in such manner as they think best calculated to bring it to the attention of those concerned.

(2) A notice under this paragraph relating to an [F14 European Parliamentary] constituency shall state—

(a) the effect of the proposed recommendations with respect to that constituency and (except where the proposed recommendations do not involve any alteration in that [F14 European Parliamentary] constituency) that copies of the recommendations are open to inspection at one or more specified places within each parliamentary constituency included in that [F14 European Parliamentary] constituency; and

(b) that representations with respect to the proposed recommendations may be made to the Commission within one month after the first publication of the notice,

and the Commission shall take into consideration any representations duly made in accordance with any such notice.

[F15 (3) Where a Boundary Commission revise any proposed recommendations after publishing a notice of them under this paragraph the Commission shall publish a further notice under this paragraph in relation to the revised recommendations, as if no earlier notice had been published.]

Textual Amendments

F14 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F15 Sch. 2 para. 5(3) inserted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(5)

[F16 5A (1) A Boundary Commission may, if they think fit, cause a local inquiry to be held in respect of any [F17 European Parliamentary] constituency or constituencies.

(2) Where, on the publication of the notice under paragraph 5 above of a recommendation of a Boundary Commission for the alteration of any [F17 European Parliamentary] constituencies, the Commission receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering five hundred or more, the Commission shall not make the recommendation unless, since the publication of the notice, a local inquiry has been held in respect of the [F17 European Parliamentary] constituencies.

(3) Where a local inquiry was held in respect of the [F17 European Parliamentary] constituencies before the publication of the notice mentioned in sub-paragraph (2) above, that sub-paragraph shall not apply if the Commission, after considering the matters discussed at the local inquiry, the nature of the representations received on the publication of the notice and any other relevant circumstances, are of opinion that a further local inquiry would not be justified.

(4) In sub-paragraph (2) above, “interested authority” and “elector” respectively means, in relation to any recommendation, a local authority whose area is wholly or partly comprised in the [F17 European Parliamentary] constituencies affected by the recommendation, and an elector for any of those [F17 European Parliamentary] constituencies; and for this purpose “local authority” means—

(a) in England F18 . . ., the council of a county, London borough or district

[F19 (aa) in Wales, the council of a county or county borough;]and

(b) in Scotland, the council of a region, islands area or district.]

Textual Amendments

F16 Sch. 2 para. 5A inserted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(6)

F17 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F18 Words in Sch. 2 para. 5A(4)(a) repealed (1.1.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 54(2), Sch. 18; S.I. 1995/3198, art. 6(1), Sch. 4 (with art. 6(2))

F19 Sch. 2 para. 5A(4)(aa) inserted (1.1.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 54(2); 1995/3198, art. 6(1), Sch. 4 (with art. 6(2))

6 Section 250(2) and (3) of the M1 Local Government Act 1972 or, as the case may be, section 210(4) and (5) of the M2 Local Government (Scotland) Act 1973 (attendance of witnesses at inquiries) shall apply in relation to an inquiry held in pursuance of [F20 paragraph 5A] above.

Textual Amendments

F20 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(7)

Marginal Citations

M1 1972 c. 70.

M2 1973 c. 65.

7 Nothing in [F21 paragraphs 4A and 4B] above shall be taken as enabling the Secretary of State to modify any recommendation or draft Order in Council in a manner conflicting with the provisions of Part II of this Schedule.

Textual Amendments

F21 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(8)

8 (1) An Order in Council under [F22 this Schedule] shall apply to the first general election of representatives to the Assembly held after the Order comes into force and (subject to any further Order in Council) to any subsequent [F23 European Parliamentary] election, but shall not affect any earlier election.

(2) The validity of an [F23 European Parliamentary] election held in an [F23 European Parliamentary] constituency consisting of an area determined by an Order in Council made under [F22 this Schedule], being an Order which applies to that election, shall not be affected by any alteration made in any parliamentary constituency since the making of that Order.

Textual Amendments

F22 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(9)

F23 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Modifications etc. (not altering text)

C1 References to the European Parliament substituted retrospectively for references to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

Part II U.K.

Modifications etc. (not altering text)

C2 Sch. 2 Pt. II extended (with modifications) (5.11.1993) by 1993 c. 41, s. 2(4)

Division of Great Britain into [F24 European Parliamentary] Constituencies U.K.

Textual Amendments

F24 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

9 In Great Britain—

(a) each [F25 European Parliamentary] constituency shall consist of an area that includes two or more parliamentary constituencies; and

(b) no parliamentary constituency shall be included partly in one [F25 European Parliamentary] constituency and partly in another.

Textual Amendments

F25 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

10 The electorate of any [F26 European Parliamentary] constituency in Great Britain shall be as near the electoral quota as is reasonably practicable having regard, where appropriate, to special geographical considerations.

Textual Amendments

F26 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Part III U.K.

Modifications etc. (not altering text)

C3 Sch. 2 Pt. III extended (with modifications) (5.11.1993) by 1993 c. 41, s. 2(4)

Interpretation U.K.

11 In this Schedule—

• [F27 “the 1986 Act” means the Parliamentary Constituencies Act 1986];

• “Boundary Commission” means a Boundary Commission [F28 provided for by the 1986 Act] other than the Boundary Commission for Northern Ireland.

Textual Amendments

F27 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(10)(a)

F28 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(10)(b)

12 In Part II of this Schedule and this paragraph in their application to a part of Great Britain for which there is a Boundary Commission—

• “electoral quota” means the number obtained by dividing the electorate of that part of Great Britain by the number of [F29 European Parliamentary] constituencies specified for that part in paragraph 1(2) of Schedule 1 to this Act;

• “electorate” means—

  (a)

  in relation to an [F29 European Parliamentary] constituency, the number of persons whose names appear on the relevant registers for that [F29 European Parliamentary] constituency in force on the enumeration date;

  (b)

  in relation to that part of Great Britain, the number of persons whose names appear on the relevant registers for that part of Great Britain in force on the enumeration date;

• [F30 “enumeration date” means, in relation to any supplementary report of a Boundary Commission under this Schedule, the date on which the notice with respect to that report is published in accordance with [F31 paragraph 4A above]];

• “the relevant registers” means the following registers under the Representation of the People Acts, namely—

  (a)

  in relation to an [F29 European Parliamentary] constituency, the registers of parliamentary electors to be used at an [F29 European Parliamentary] election in that [F29 European Parliamentary] constituency;

  (b)

  in relation to that part of Great Britain, the registers of parliamentary electors for the parliamentary constituencies in that part.

Textual Amendments

F29 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F30 Definition substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s. 1(5)

F31 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(11)

Modifications etc. (not altering text)

C4 Reference to the registers of parliamentary electors to be construed as mentioned in Representation of the People Act 1983 (c. 2, SIF 42), ss. 205, 206 Sch. 7 para. 10