Local Government Act 1985

Section 19.

SCHEDULE 9 Inner London Education Authority: Elections and Electoral Arrangements

PART I Elections

1 (1) The [1983 c. 2.] Representation of the People Act 1983 shall be amended as follows.

(2) After section 31(5) there shall be inserted—

“(6) Any polling district formed for the purpose of the election of councillors for any ward of a London borough shall, if the ward is wholly included in the electoral area for the election of a member of the Inner London Education Authority, be a polling district for the election of a member of that Authority for that electoral area.

(7) If the polling districts in an electoral area for the election of a member of the Inner London Education Authority or any part of such an area are not determined by subsection (6) above—

(a) the council of the London borough which includes mat electoral area, or

(b) in the case of an electoral area which includes the City, the Inner Temple and the Middle Temple, the City of Westminster,

may divide that area or, as the case may be, that part of that area, into polling districts, and may alter any polling district and subsection (3) above applies to any power conferred by this subsection.”

(3) After section 35(3) there shall be inserted—

“(3A) The returning officer at an election of members of the Inner London Education Authority shall be the proper officer of the borough which includes the electoral division for which the election is held or, in the case of the electoral division which includes the City, the Inner Temple and the Middle Temple, the proper officer of the City of Westminster.”;

and in section 35(4) for " (3)" there shall be substituted " (3A);" .

(4) In section 36—

(a) after subsection (3A) there shall be inserted—

“(3AA) Where the poll at an ordinary election of members of the Inner London Education Authority for an electoral division, or an election to fill a casual vacancy occurring in the office of member of that Authority for an electoral division, is to be held on the same date as the poll at an ordinary election of councillors for any ward of a London borough which is wholly included in that electoral division, or an election to fill a casual vacancy occurring in the office of councillor for such a ward, the polls at those elections shall be taken together.”; and

(b) after subsection (4) there shall be inserted—

“(4A) All expenditure properly incurred by a returning officer in relation to the holding of an election of members of the Inner London Education Authority shall, in so far as it does not exceed any scale fixed for that election by the Authority, be paid by that Authority.”

(5) After section 39(1) there shall be inserted—

“(1A) Subsection (1) above shall apply in relation to an election of a member of the Inner London Education Authority with the substitution for the reference to the returning officer of a reference to the proper officer of the Authority. and in section 39(2) and (6)(a)(ii) after the words " Local Government Act 1972 " there shall be inserted the words " or Part III of the Local Government Act 1985" .”

(6) In section 40(2) for the words" and the Local Government Act 1972 " there shall be substituted the words " , the Local Government Act 1972 and Part III of the Local Government Act 1985" .

(7) In section 47(2) after the words "those Acts " there shall be inserted the words " or Part III of the Local Government Act 1985" .

(8) In section 76(2)(b) after paragraph (i) there shall be inserted—

“(ia) at an election to the Inner London Education Authority,, £620 together with an additional 3-7p. for every entry in the register of electors to be used at the election (as first published);”.

(9) In section 82(4)(a) after the words " Greater London Council" there shall be inserted the words " or the Inner London Education Authority" .

(10) In section 203(1)—

(a) before the definition of " electoral area " there shall be in inserted—

• “' council' includes the Inner London Education Authority and, ' councillors' includes members of that Authority ;”;

(b) in the definition of " local authority " after the words " a London borough council" there shall be inserted the words " the Inner London Education Authority" ;

(c) in the definition of " local government Act" after " 1972 "there shall be inserted the words " or Part III of the Local Government Act 1985" ;

(d) in the definition of " local government area " after the words " London borough " there shall be inserted the words " the Inner London Education Area

(11) In section 203(2) after the words " parliamentary elections " there shall be inserted the words " or of elections of members of the Inner London Education Authority" .

PART II Electoral Arrangements

Amendments of the [1972 c. 70.] Local Government Act 1972

2 (1) The principal Act shall be amended as follows.

(2) In section 47(1)(i) after the words " any local government area " there shall be inserted the words " or the Inner London Education Area" .

(3) In subsection (2) of section 50 after the words " every principal area in England " there shall be inserted the words " and the Inner London Education Area " and in subsection (3) of that section after the words " a principal area in England " there shall be inserted the words " or the Inner London Education Area" .

(4) After section 60(7) there shall be inserted—

“(8) In subsections (2) and (5) above references to the council of a local government area and to the principal council of an area include the Inner London Education Authority as respects the Inner London Education Area.”

(5) After section 67(5) there shall be inserted—

“(6) In subsection (5)(c) and (d) above references to councillors for an electoral area include references to members of the Inner London Education Authority and the reference to a local government area includes a reference to the Inner London Education Area.”

(6) In section 78(1) after paragraph (b) of the definition of " electoral arrangements " there shall be inserted—

“(c)

in relation to the Inner London Education Area, the number of members of the Inner London Education Authority, the number and boundaries of the electoral divisions into which that Area is for the time being divided for the purpose of the election of members, the number of members to be elected for any electoral division in that Area and the name of any electoral division;”.

(7) In section 78(2) for the words "in Schedule 11 to this Act" there shall be substituted the words " in paragraphs 1 to 4 of Schedule 11 to this Act; and in considering the electoral arrangements for the Inner London Education Area for the purposes of this Pari of this Act the Secretary of State and the English Commission shall so far as is reasonably practicable comply with the rules set out in paragraph 5 of that Schedule. "

(8) After paragraph 4 of Schedule 11 to the principal Act there shall be inserted—

“Inner London Education Area

5 (1) This paragraph applies to the consideration by the Secretary of State or the English Commission of the electoral arrangements for elections of members of the Inner London Education Authority.

(2) The number of members shall be not less than forty-eight or more than fifty-eight.

(3) The whole of the City and the Temples shall be included with part of the City of Westminster in the same electoral division.

(4) Every other electoral division of the Inner London Education Area shall he wholly within a single inner London borough.

(5) Having regard to any change in the number or distribution of the local government electors in that Area likely to take place within the period of five years immediately following the consideration, the number of local government electors shall be, as nearly as may be, the same in every electoral division in that Area.

(6) Subject to the foregoing provisions in this paragraph, 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 inner London boroughs.”

Initial review of electoral arrangements

3 (1) As soon as practicable after the coming into force of this Schedule the English Commission shall review the electoral arrangements for the Inner London Education Area for the purpose of considering future electoral arrangements for that Area on the basis of its division into electoral divisions each returning one member and the Commission shall formulate proposals for those arrangements accordingly.

(2) The provisions of Part IV of the principal Act shall apply to a review under this paragraph as they apply to a review under section 50 of that Act, but in its application to a review under this paragraph section 51 of that Act shall have effect as if it required—

(a) the Commission to submit their report not later than two years after the coming into force of this Schedule ; and

(b) the Secretary of State to make an order under that section giving effect to the proposals of the Commission under this paragraph (whether as submitted to him or with modifications).