C13Part II Local Government Changes for England
The Local Government Commission
12 The Local Government Commission for England.
1
There shall be a body corporate to be known as the Local Government Commission for England (in this Part referred to as “the Local Government Commission”) for the purpose of carrying out the functions assigned to it by section 13 below.
2
Schedule 2 to this Act shall have effect with respect to the Local Government Commission.
Functions of the Local Government Commission
C1 13 F1 Reviews and Recommendations
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3
The Electoral Commission may direct the Boundary Committee for England—
a
to conduct a review of a specified area in England, and
b
to recommend whether an electoral change should be made in respect of that area.
4
The Electoral Commission shall from time to time direct the Boundary Committee for England—
a
to conduct a review of each principal area in England, and
b
to recommend whether an electoral change should be made in respect of that area.
5
In carrying out a function under this section the Electoral Commission or the Boundary Committee for England shall have regard to—
a
the need to reflect the identities and interests of local communities,
b
the need to secure effective and convenient local government,
c
the need to secure the matters mentioned in paragraphs 1(2)(a) and 3(2)(a) of Schedule 11 to the Local Government Act 1972 F2 (equality of representation), and
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in the case of a district council that is subject to a scheme for elections by halves or by thirds, or that has resolved to revert to being subject to such a scheme under Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007, the desirability of securing that each ward in the district returns an appropriate number of councillors.
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For the purposes of this section—
a
a council is “subject to a scheme for elections by halves” if one half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;
b
a council is “subject to a scheme for elections by thirds” if one third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;
c
the number of councillors returned by a ward is “appropriate”—
i
in the case of a scheme for elections by halves, if it is divisible by 2, and
ii
in the case of a scheme for elections by thirds, if it is divisible by 3.
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The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.
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A direction may, in particular, require the Boundary Committee for England to have regard to—
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b
guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.
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A local authority must, if requested by the Boundary Committee for England to do so, provide that Committee, by such date as that Committee may specify, with any information that that Committee may reasonably require in connection with any of their functions under this section.
C2C3C714 Changes that may be recommended.
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For the purposes of this Part—
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c
an electoral change is a change of electoral arrangements for any local government area, F33...
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In subsection (1)(c) above “electoral arrangements” means—
a
in relation to a principal area—
i
the number of councillors of the council for that area;
ii
the number and boundaries of the electoral areas into which that area is for the time being divided for the purposes of the election of councillors;
iii
the number of councillors to be elected for any electoral area in that principal area F3. . .; and
iv
the name of any electoral area;
b
in relation to a parish council—
i
the number of councillors;
ii
the question whether or not the parish or (in the case of a common parish council) any of the parishes should be divided into wards for the purposes of the election of councillors;
iii
the number and boundaries of any such wards;
iv
the number of councillors to be elected for any such ward or, in the case of a common parish, for each parish; and
v
the name of any such ward.
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14AF69Requests for single-member electoral areas
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A principal council which falls within subsection (3) may request the Electoral Commission—
a
to give the Boundary Committee for England a direction under section 13(3) relating to the council's area, and
b
to direct that Committee (under section 13(6)) that their recommendations under section 13(3) must contain recommendations as to single-member electoral areas.
2
In subsection (1) “recommendations as to single-member electoral areas” means a recommendation, as respects each electoral area in the council's area, as to whether the electoral area should return one councillor.
3
A principal council falls within this subsection if—
a
it is not the case that each of the electoral areas in the council's area returns one councillor, and
b
the council is subject to a scheme for whole-council elections.
4
A council is “subject to a scheme for whole-council elections” if, in each year in which ordinary elections of councillors of the council are to be held, all the councillors are to be elected.
5
If the Electoral Commission grant a request under this section—
a
they must notify the Boundary Committee for England of the request when they give the directions requested, and
b
subject to subsection (6), where the Boundary Committee for England make recommendations under section 13(3) in response to those directions they must recommend that each electoral area in the council's area should return one councillor.
6
Subsection (5)(b) does not require the Boundary Committee for England to make any recommendation that they consider would be inappropriate having regard to the matters which they are required by section 13(5)(a) to (c) to have regard to.
7
If the Electoral Commission decide not to grant a request under this section they must notify the council that made the request of—
a
their decision, and
b
the reasons for it.
14BProvision supplementary to section 14A
1
Nothing in section 14A prevents the Electoral Commission—
a
from making a direction under section 13 where there has been no request under section 14A, or
b
if they grant a request under section 14A, from making directions under section 13(6) in addition to the one requested.
2
Nothing in section 14A prevents the Boundary Committee for England, when making a recommendation as to whether electoral areas should return one councillor, from making other recommendations under section 13(3).
3
In section 14A(2) and (5) references to electoral areas are, in relation to a case where the Boundary Committee for England make recommendations for change to the number or boundaries of electoral areas in the council's area, to the recommended electoral areas.
C4C5C815 Procedure on a review.
1
As soon as reasonably practicable after being directed to conduct a review, the F8Boundary Committee for England shall take such steps as F8they consider sufficient to secure that persons who may be interested in the review are informed of—
a
the direction requiring that review to be conducted;F73and
b
any other directions under this Part which are relevant to the review; and
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In conducting a review, the F9Boundary Committee for England shall—
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b
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d
take into consideration any representations made to that F9Committeewithin that period.
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In conducting a review, the Boundary Committee for England may at any time before publishing draft recommendations consult such persons as they consider appropriate.
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As soon as the Boundary Committee for England are in a position to submit recommendations to the Electoral Commission they must—
a
submit them; and
b
publish the recommendations and take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them.
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a
direct the Boundary Committee for England to reconsider their recommendations with a view to deciding whether to submit F83... different recommendations; or
b
direct the Boundary Committee for England to conduct a further review of all or part of the area to which the F84recommendations relate and to make revised recommendations as respects that area; and this section shall apply in relation to the further review with such modifications as may be specified in the direction.
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Where the Boundary Committee for England submit recommendations under subsection (6)(a), they must publish the recommendations and take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them.
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The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.
7A
A direction may, in particular, require the Boundary Committee for England to have regard to—
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b
guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.
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F87 15A Alternative procedure on a review
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F4016 Consultation with the Audit Commission.
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Implementation of recommendations
C617 Implementation of recommendations by order.
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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
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No order under this section shall be made before the end of the period of six weeks beginning with F13the receipt of recommendations F88...; and before making such an order, F14. . .
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the Electoral Commission may direct the Boundary Committee for England to supply them with additional information or advice.
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F43... an order under this section may, in particular, include provision which, for the purpose of giving effect (with or without modifications) to recommendations of the F44F16... Boundary Committee for England, makes provision with respect to—
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d
the total number of councillors of any authority, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral area;
e
without prejudice to paragraph (d) above, the holding of a fresh election of councillors for all electoral areas in a local government area where substantial changes have been made to some of those areas, or the order of retirement of councillors for any electoral areas in the local government area in question;
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F49... the ordinary year of election and the order of retirement of parish councillors for any parish situated in the district;
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F17 A power to make an order under this section shall include power to make any such provision in relation to the other provisions of that order, or to the provisions of any previous order under this section, as is equivalent to that which may be contained in regulations under section 19 below F54....
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An order under F19subsection (1A) above. may provide for an electoral division of a non-metropolitan county to return more than one councillor; and in such a case section 6(2)(a) of the Local Government Act 1972 shall not apply.
F5718 Consequences of structural changes etc.
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C1119 Regulations for supplementing orders.
1
The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as he thinks necessary or expedient for the purposes or in consequence of any orders under section 17 above, or for giving full effect to orders under that section.
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In their application in relation to any order under section 17 above, regulations under this section shall have effect subject to any provision made under that section.
4
Any regulations under section 67 of the 1972 Act (regulations in connection with implementation of proposals under Part IV of that Act) which are in force at the commencement of this section shall have effect, without prejudice to their operation in relation to any order made under that Part after the commencement of this section (whether by virtue of section 24(3) below or otherwise) and subject to any regulations under this section, as if orders under section 17 above were orders under that Part.
F2620 Agreements as to incidental matters.
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F2621 Joint authorities.
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F2622 Residuary bodies.
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F2423 Staff commissions.
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Supplemental provisions of Part II
F2524 Abolition of the Local Government Boundary Commission for England.
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25 Application of Part II to the Isles of Scilly.
The Secretary of State may by order provide that, in their application in relation to the Isles of Scilly, the provisions of this Part shall have effect subject to such modifications as he considers appropriate.
C1226 Orders, regulations and directions under Part II.
1
The powers of the Secretary of State F20or the Electoral Commission under this Part to make orders or regulations shall be exercisable by statutory instrument; and a statutory instrument containing any order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament unless—
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c
it effects only electoral changes F61....
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Every power of the Secretary of State under this Part to make F63... regulations, and every power of the Electoral Commission to make orders or to give directions, shall include power to make different provision for different cases, including provision for different localities and for different bodies
4
Any power of the Secretary of State by F64... regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—
a
to apply with or without modifications;
b
to extend, exclude or amend; or
c
to repeal or revoke with or without savings,
any enactment, any instrument made under any enactment or any charter, whenever granted.
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6
A direction under any provision of this Part may be varied or revoked by any subsequent direction under that provision; and where F66F22... the Electoral Commission are satisfied that—
a
a mistake has occurred in the preparation of an order under any provision of this Part; and
b
the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M2Interpretation Act 1978 (implied power to amend),
7
In this section—
“enactment” includes an enactment contained in a provision of this Act (other than a provision of this Part) or in any enactment contained in an Act passed after this Act; and
“mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.
27 Amendments relating to local government changes.
1
Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.
2
In considering the electoral arrangements for any local government area for the purposes of this Part F23the Electoral Commission and the Boundary Committee for England shall comply, so far as is reasonably practicable, with the rules set out in Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements); and accordingly, in that Schedule, references to “either of the Commissions” shall have effect—
a
until the commencement of section 24 above, as including a reference to the Local Government Commission; and
b
thereafter, as if they were references to the F23the Electoral Commission and the Boundary Committee for England or the Local Government Boundary Commission for Wales.
3
In subsection (2) above “electoral arrangements” has the meaning given by subsection (4) of section 14 above for the purposes of subsection (1)(c) of that section.
Pt. II modified (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(a), Sch. 3 paras. 1, 2