SCHEDULES
SCHEDULE 1 Assembly constituencies and orders under section 2(4)
Part I Assembly constituencies
Changes to Assembly constituencies
1
1
This paragraph applies where, as a result of—
b
a further review under section 15(6) of that Act,
the F2Electoral Commission recommend to the Secretary of State, at a time when an order under section 2(4) of this Act has effect, that he should make one or more boundary changes falling within sub-paragraph (2) below.
2
The boundary changes mentioned in sub-paragraph (1) above are boundary changes—
a
falling within section 14(3)(a) of the 1992 Act (alteration of a local government area) and affecting any London borough;
b
falling within section 14(3)(d) of that Act (constitution of a new London borough); or
c
falling within section 14(3)(e) of that Act (abolition of a London borough).
F33
Where this paragraph applies, the Electoral Commission shall direct the Boundary Committee for England (“the Committee”) to conduct a review in accordance with Part II of the 1992 Act and to submit to the Electoral Commission the reports required under sub-paragraph (4) or (5) below;
4
If the F4CommitteeF5are of the opinion that, in consequence of the boundary changes mentioned in sub-paragraph (1) above, changes are required to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, the report required is one which recommends to the F6Electoral Commission the changes which in the opinion of the F4Committee should be made to Assembly constituencies to comply with those rules.
5
If the F7Committee are not of the opinion mentioned in sub-paragraph (4) above, the report required is one which states that fact.
F85A
The Electoral Commission may direct the Committee to reconsider the recommendation made under sub-paragraph (4)
F96
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F97
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Comprehensive review of Assembly constituencies
2
1
If the F10Electoral Commission at any time so F11direct, the F12Committee shall carry out a comprehensive review of Assembly constituencies and submit to the F10Electoral Commission a report—
a
showing the areas into which F13they recommend Greater London should be divided to form the Assembly constituencies; and
b
stating the name by which F13they recommend that each Assembly constituency should be known.
2
No recommendations shall be made by the F14Committeein a report under sub-paragraph (1) above unless the recommendations comply with the rules set out in paragraph 7 below.
Preparation and submission of report
3
1
A direction to submit a report under paragraph 2(1) above shall specify the timetable in accordance with which the report is to be prepared, submitted and available for inspection under this Schedule (“the timetable”).
2
As soon as reasonably practicable after being directed to submit a report under paragraph 2(1) above, F15the Committee shall take such steps as they consider sufficient to secure that persons who may be interested in the subject-matter of the report are informed of—
a
the direction requiring the report to be submitted, including, in particular, the period specified in the timetable within which representations with respect to the subject-matter of the report may be made to the F16Committee; and
b
any direction under paragraph 5 below.
3
Before submitting F17their report, the Committee shall—
a
take into consideration any representations F18made to them within the period mentioned in sub-paragraph (2)(a) above;
b
prepare a draft report and take such steps as F19they consider sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which representations with respect to it may be made;
c
deposit copies of the draft report at the principal office of—
i
the Authority;
ii
each London borough council; and
iii
the Common Council; and
d
take into consideration representations made to the F20Committee within the period mentioned in paragraph (b) above.
4
As soon as the F21Committee are in a position to submit F22their reportto the F23Electoral Commission (and in any event not later than the date specified in the timetable for submission of the report), F24they shall—
a
submit the report to F25them;
b
take such steps as F26they consider sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which it may be inspected; and
c
deposit copies of the report at the principal office of—
i
each London borough council; and
ii
the Common Council.
5
Copies of the draft report deposited under sub-paragraph (3)(c) above, and of the report deposited under sub-paragraph (4)(c) above, shall be kept available for inspection at the offices concerned in accordance with the timetable.
Further report
4
1
Where a report is submitted to the F27Electoral Commission in accordance with a direction under paragraph 2(1) above, F28they may, if they think fit, direct the F29Committee—
a
to review such of the recommendations made in the report as may be specified in the direction; and
b
to submit a further report making revised recommendations as respects—
i
the areas into which Greater London should be divided to form the Assembly constituencies; and
ii
the name by which each Assembly constituency should be known.
2
Paragraph 3 above shall apply in relation to any further report with such modifications as may be specified in the direction under sub-paragraph (1) above.
3
No recommendations shall be made by the F30Committee in a further report unless the recommendations comply with the rules set out in paragraph 7 below.
Directions
5
The F31Electoral Commission may give directions as to the exercise by the F32Committee of any of F33their functions under this Schedule; and, in particular, the directions may—
a
specify matters which the F32Committee must take into account in preparing a report; and
Payments by Secretary of State to Commission
F346
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The rules about Assembly constituencies
7
1
The rules referred to in paragraphs 1(4), 2(2) and 4(3) above are—
1. There shall be fourteen Assembly constituencies.
2. Each Assembly constituency shall consist of two or more entire London boroughs.
3. A part of the boundary of each London borough contained within an Assembly constituency shall adjoin a part of the boundary of at least one other London borough contained within that constituency.
4. No London borough shall be included in more than one Assembly constituency.
5. The electorate for an Assembly constituency shall be as near the electorate for each other Assembly constituency as is reasonably practicable.
2
For the purposes of the rules in sub-paragraph (1) above—
a
any reference to a London borough includes a reference to the City of London, which for this purpose shall be taken to include the Inner Temple and the Middle Temple; and
b
a part of a boundary which would, except for the river Thames or a tributary of the river Thames, adjoin a part of another boundary is deemed to adjoin that part of that other boundary.
Part II Orders under section 2(4)
I18
F351
Subject to paragraph (1A) an order under section 2(4) of this Act may give effect, with or without modifications to all or any of the recommendations made to the Electoral Commission under—
a
paragraph 1(4) or (5A) above;
b
paragraph 2(1) above; or
c
paragraph 4(1)(b) above.
1A
No modifications may be made to any recommendations contained in a report unless they have been agreed with the Committee.
2
No order giving effect to recommendations made in a report under paragraph 2(1) above or a further report under paragraph 4(1)(b) above shall be made before the end of the period of six weeks beginning with the submission of the report.
3
4
In sub-paragraph (1) above, “modifications” includes additions, alterations and omissions.
I29
1
Where the F39Electoral Commission are is satisfied that—
a
a mistake has occurred in the preparation of an order under section 2(4) of this Act, 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),
2
In this paragraph “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information.
Sch. 1: Power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise 30.10.2001) by 2000 c. 41, s. 18, 163(2) (with s. 156(6)); S.I. 2001/3526, art. 2(c)
Sch. 1: functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(2)(d)