Political Parties, Elections and Referendums Act 2000

Commission’s electoral boundary functions U.K.

14 Boundary committees. U.K.

(1) The Commission shall establish four Boundary Committees, one for each of England, Scotland, Wales and Northern Ireland.

(2) Each Boundary Committee shall consist of—

(a) a chairman, and

(b) not less than the appropriate number of other members,

appointed by the Commission.

(3) For the purposes of subsection (2) “the appropriate number”, in relation to a Boundary Committee, is—

(a) two, if no functions fall to be exercised by the Committee by virtue of section 18(1), section 19(1) or section 20(1) (as the case may be); and

(b) four, if any functions fall to be so exercised.

(4) Only [F1 an Electoral Commissioner who is not a nominated Commissioner (within the meaning of section 3A), or a deputy Electoral Commissioner,] may be appointed a member of a Boundary Committee; and only an Electoral Commissioner may be appointed chairman of a Boundary Committee.

(5) The Commission shall, where any functions fall to be exercised by a Boundary Committee as mentioned in subsection (3), so exercise their powers of appointment under this section and section 15 as to secure—

(a) that at least one of the members of the Committee is a person with experience of local government matters in England, Scotland or Wales (as the case may be); and

(b) that, in the case of the Boundary Committee for Wales, at least one of the members of the Committee is a person able to speak the Welsh language.

(6) The following persons shall be assessors to the Boundary Committees—

(a) in the case of each of the Boundary Committee for England and the Boundary Committee for Wales, [F2 the Statistics Board] and the Director General of Ordnance Survey;

(b) in the case of the Boundary Committee for Scotland, the Registrar General of Births, Deaths and Marriages for Scotland and the Director General of Ordnance Survey;

(c) in the case of the Boundary Committee for Northern Ireland, the Registrar General of Births and Deaths in Northern Ireland, the Commissioner of Valuation for Northern Ireland and the Chief Electoral Officer for Northern Ireland.

Textual Amendments

F1 Words in s. 14(4) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 5(3), 43(1)(5)(b)

F2 Words in s. 14(6)(a) substituted (1.4.2008) by Statistics and Registration Service Act 2007 (c. 18), ss. 25(3), 74, Sch. 1 para. 11; S.I. 2008/839, art. 2

Commencement Information

I1 S. 14 partly in force; s. 14 not in force at Royal Assent, see s. 163(2); s. 14 in force for specified purposes at 30.10.2001 by S.I. 2001/3526, art. 2(b)

15 Deputy Electoral Commissioners. U.K.

(1) The Commission may appoint Deputy Electoral Commissioners.

(2) The number of Deputy Electoral Commissioners shall not exceed such number as the Commission, with the agreement of the Speaker’s Committee, may determine.

(3) A person shall not be appointed as a Deputy Electoral Commissioner if he is [F3 prevented by section 3(4) (read without regard to section 3(4A)) from being appointed as an Electoral Commissioner].

(4) The functions of a Deputy Electoral Commissioner are limited to serving as a member of any Boundary Committee to which he is appointed.

(5) Schedule 1 contains further provisions about Deputy Electoral Commissioners.

Textual Amendments

F3 Words in s. 15(3) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1)(5)(b), Sch. 6 para. 11

16 Transfer of functions of Boundary Commissions. U.K.

(1) The M1 Parliamentary Constituencies Act 1986 shall have effect subject to the amendments specified in Part I of Schedule 3, by virtue of which—

(a) the functions of each of the Boundary Commissions under section 3(1) and (3) of that Act (functions with respect to keeping under review, and reporting on, representation in the House of Commons of the part of the United Kingdom with which they are concerned) are transferred to the Electoral Commission; and

(b) functions with respect to—

(i) the carrying out of reviews under that Act with respect to a particular part of the United Kingdom, and

(ii) the submission to the Electoral Commission of proposed recommendations following any such review,

are conferred on the Boundary Committee established for that part of the United Kingdom under section 14 above.

(2) The consequential amendments of other Acts specified in Part II of Schedule 3 shall have effect.

(3) A Boundary Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.

(4) In this section “Boundary Commission” means one of the Boundary Commissions constituted under the 1986 Act.

Commencement Information

I2 S. 16 partly in force Royal Assent see s. 163(3); s. 16 in force for specified purposes only at Royal Assent

Marginal Citations

M1 1986 c. 56.

Prospective

F4 17 Transfer of property etc. of the Boundary Commissions. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 17 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 61(3)(b), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(j)(hh)

18 Transfer of functions of Local Government Commission for England. U.K.

(1) The Secretary of State may by order make provision for and in connection with transferring (to any extent) to—

(a) the Commission, or

(b) the Boundary Committee for England,

any of the functions of the Local Government Commission for England (in this section referred to as “the English Commission”).

(2) An order under subsection (1) may make provision for—

(a) transferring (to any extent) any relevant function of the Secretary of State to the Commission;

(b) terminating (to any extent) any relevant function of the Secretary of State or the English Commission without transferring it to the Commission or the Boundary Committee for England;

(c) modifying (to any extent) any relevant function of the Secretary of State;

(d) preventing the Secretary of State from exercising any relevant function (including one so modified) unless he has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising him to seek such advice in connection with the exercise of any such function;

(e) modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for England;

(f) conferring on the Commission functions with respect to electoral areas or other electoral arrangements relating to the Isles of Scilly.

(3) In subsection (2) “relevant function” means (subject to subsection (4)) a function under—

(a) any of sections 13 to 15 and 17 of the M2 Local Government Act 1992 (local government changes in England),

(b) any of sections 13, 14 and 17(4) of the M3 Local Government and Rating Act 1997 (parishes and parish councils) so far as having effect in relation to electoral arrangements within the meaning of Part II of that Act, or

(c) section 2(4) of the M4 Greater London Authority Act 1999 or Schedule 1 to that Act (assembly constituencies).

(4) Nothing in subsection (2) authorises the transfer to the Commission of any power of the Secretary of State under any of the provisions mentioned in subsection (3)(a) to make orders other than those effecting electoral changes within the meaning of Part II of the M5 Local Government Act 1992; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.

(5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for England shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.

(6) The English Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.

(7) An order under subsection (1) or (6) may include provision for the transfer to the Commission—

(a) of the staff of the English Commission, and

(b) of any property, rights and liabilities to which the English Commission are entitled or subject;

and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

(8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the English Commission were established or constituted.

(9) The Secretary of State may pay to the Commission such amount as he may determine to be appropriate by way of reimbursement for any expenditure incurred by them which is attributable to the provision by them of advice to the Secretary of State in pursuance of an order under subsection (1).

Commencement Information

I3 S. 18 wholly in force; S. 18 partly in force Royal Assent see s. 163(3); S. 18 in force insofar as not already in force at 30.10.2001 by S.I. 2001/3526, art. 2(c)

Marginal Citations

M2 1992 c. 19.

M3 1997 c. 29.

M4 1999 c. 29.

M5 1992 c. 19.

19 Transfer of functions of Local Government Boundary Commission for Scotland. U.K.

(1) The Scottish Ministers may by order make provision for and in connection with transferring (to any extent) to—

(a) the Commission, or

(b) the Boundary Committee for Scotland,

any of the functions of the Local Government Boundary Commission for Scotland (in this section referred to as “the Scottish Commission”).

(2) An order under subsection (1) may make provision for—

(a) transferring (to any extent) any relevant function of the Scottish Ministers to the Commission;

(b) terminating (to any extent) any relevant function of the Scottish Ministers or the Scottish Commission without transferring it to the Commission or the Boundary Committee for Scotland;

(c) modifying (to any extent) any relevant function of the Scottish Ministers;

(d) preventing the Scottish Ministers from exercising any relevant function (including one so modified) unless they have sought and obtained such advice of the Commission as may be prescribed by the order, or authorising them to seek such advice in connection with the exercise of any such function;

(e) modifying any function transferred by such an order so far as it is to be exercisable by the Commission or the Boundary Committee for Scotland.

(3) In subsection (2) “relevant function” means (subject to subsection (4)) a function under any of sections 13 to 21 of, and Schedule 5 and paragraph 1(2) of Schedule 6 to, the M6 Local Government (Scotland) Act 1973.

(4) Nothing in subsection (2)(a) authorises the transfer to the Commission of any power of the Scottish Ministers to make orders under any of the provisions mentioned in subsection (3).

(5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Scotland shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.

(6) The Scottish Commission shall cease to exist at such time as the Scottish Ministers, being satisfied that the Scottish Commission have no further functions, by order direct.

(7) An order under subsection (1) or (6) may include provision for the transfer to the Commission—

(a) of the staff of the Scottish Commission, and

(b) of any property (including rights and interests of any description) and liabilities to which the Scottish Commission are entitled or subject;

and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property or liabilities otherwise than by the order.

(8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Scottish Commission were established or constituted.

(9) Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.

(10) Any power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

(11) The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any functions in consequence of an order made under subsection (1).

Commencement Information

I4 S. 19 partly in force Royal Assent see s. 163(3); s. 19 in force for specified purposes only at Royal Assent

Marginal Citations

M6 1973 c. 65.

20 Transfer of functions of Local Government Boundary Commission for Wales. U.K.

(1) The National Assembly for Wales may by order make provision for and in connection with transferring (to any extent) to—

(a) the Commission, or

(b) the Boundary Committee for Wales,

any of the functions of the Local Government Boundary Commission for Wales (in this section referred to as “the Welsh Commission”).

(2) An order under subsection (1) may make provision for—

(a) transferring (to any extent) any relevant function of the National Assembly for Wales (“the Assembly”) to the Commission;

(b) terminating (to any extent) any relevant function of the Assembly or the Welsh Commission without transferring it to the Commission or the Boundary Committee for Wales;

(c) modifying (to any extent) any relevant function of the Assembly;

(d) preventing the Assembly from exercising any relevant function (including one so modified) unless the Assembly has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising the Assembly to seek such advice in connection with the exercise of any such function;

(e) modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for Wales.

(3) In subsection (2) “relevant function” means (subject to subsection (4)) a function under—

(a) section 30(3) or (4) or 31(3) of the M7 Local Government Act 1972 (restriction on community applications during and after reviews), or

(b) any of sections 54 to 60, 69 and 71 of, or paragraph 1A of Schedule 11 to, that Act (local government changes in Wales).

(4) Nothing in subsection (2) authorises the transfer to the Commission of any power of the Assembly under any of the provisions mentioned in subsection (3)(b) to make orders other than those effecting alterations in electoral arrangements within the meaning of Part IV of the M8 Local Government Act 1972; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.

(5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Wales shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.

(6) The Welsh Commission shall cease to exist at such time as the National Assembly for Wales, being satisfied that they have no further functions to perform, by order directs.

(7) An order under subsection (1) or (6) may include provision for the transfer to the Commission—

(a) of the staff of the Welsh Commission, and

(b) of any property, rights and liabilities to which the Welsh Commission are entitled or subject;

and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

(8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Welsh Commission were established or constituted.

(9) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments).

(10) Nothing in this section shall be read as affecting the generality of subsection (9).

(11) Any power of the National Assembly for Wales to make an order under this section shall be exercisable by statutory instrument.

(12) The expenditure of the Commission, so far as attributable to the exercise of any functions in consequence of an order under subsection (1), shall be met by the National Assembly for Wales.

Commencement Information

I5 S. 20 partly in force Royal Assent see s. 163(3); S. 20 in force for specified purposes only at Royal Assent

Marginal Citations

M7 1972 c. 70.

M8 1972 c. 70.