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Section 2.
Modifications etc. (not altering text)
C1Sch. 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)
[F11(1)This paragraph applies where the Secretary of State makes an order under section 10 of the Local Government and Public Involvement in Health Act 2007 which includes a boundary change (within the meaning of section 8(3) of that Act) affecting a London borough.E+W+S
(2)Where this paragraph applies, the Local Government Boundary Commission for England must consider whether to conduct a review of Assembly constituencies for the purpose of making recommendations as to—
(a)whether the boundary change referred to in sub-paragraph (1) requires changes to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, and
(b)if so, what those changes should be.]
Textual Amendments
F1Sch. 1 para. 1 substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(2); S.I. 2009/3318, art. 4(ff)
[F22(1)The Local Government Boundary Commission for England may at any time—E+W+S
(a)conduct a review of Assembly constituencies, and
(b)make recommendations as to—
(i)the area 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)No recommendations may be made by the Local Government Boundary Commission for England pursuant to a review under this paragraph unless the recommendations comply with the rules set out in paragraph 7 below.]
Textual Amendments
F2Sch. 1 para. 2 substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(3); S.I. 2009/3318, art. 4(ff)
[F33(1)As soon as reasonably practicable after deciding to conduct a review under paragraph 1 or 2, the Local Government Boundary Commission for England must take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of—E+W+S
(a)the fact that the review is to take place, and
(b)any particular matters to which the review is to relate.
(2)In conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must—
(a)prepare and publish draft recommendations,
(b)take such steps as its considers sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made, and
(c)take into consideration any representations made to the Commission within that period.
(3)The Local Government Boundary Commission for England may at any time before publishing draft recommendations under sub-paragraph (2)(a) consult such persons as it considers appropriate.
(4)As soon as practicable after conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must—
(a)publish a report stating its recommendations, and
(b)take such steps as it considers sufficient to secure that persons who may be interested in the recommendations are informed of them.
Textual Amendments
F3 Sch. 1 para. 3, 4 substituted for Sch. 1 paras. 3-5 (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(4); S.I. 2009/3318, art. 4(ff)
[F34(1)Where a report under paragraph 3 contains recommendations for changes to any Assembly constituency or the name by which any Assembly constituency is known, an order under section 2(4) may give effect to the recommendations.E+W+S
(2)An order under section 2(4) may contain incidental, consequential, supplementary or transitional provision, or savings.
(3)The provision referred to in sub-paragraph (2) may include provision—
(a)applying any instrument made under an enactment, with or without modifications,
(b)extending, excluding or amending any such instrument, or
(c)repealing or revoking any such instrument.
(4)Where the Local Government Boundary Commission for England is satisfied that—
(a)a mistake has occurred in the preparation of an order under section 2(4), and
(b)the mistake is such that it cannot be rectified by a subsequent order under that section by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend),
the Commission may by order under section 2(4) make such provision as it thinks necessary or expedient for rectifying the mistake.
(5)In sub-paragraph (4), “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.
(6)A draft of a statutory instrument containing an order under section 2(4) is to be laid before Parliament before the instrument is made.]
Textual Amendments
F3 Sch. 1 para. 3, 4 substituted for Sch. 1 paras. 3-5 (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(4); S.I. 2009/3318, art. 4(ff)
F46E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F4Sch. 1 para. 6 omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para. 14(7)
7(1)The rules referred to in [F5paragraphs 1(2) and 2(2)] above are—E+W+S
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.
Textual Amendments
F5Words in Sch. 1 para. 7 substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(5); S.I. 2009/3318, art. 4(ff)
Textual Amendments
F6Sch. 1 Pt. 2 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(6), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(ff)(hh)