Regional Assemblies (Preparations) Act 2003

13 Local government review

(1) If the Secretary of State is considering whether to cause a referendum to be held in a region about the establishment of an elected assembly for the region, he may direct the Boundary Committee for England—

(a) to carry out a local government review of the region;

(b) to make recommendations as to the matters considered by the review.

(2) But the Secretary of State must not give a direction unless he has considered the level of interest in the region in the holding of a referendum.

(3) If at any time the Secretary of State is considering whether to cause a referendum to be held in two or more regions he may consider (for the purpose of deciding in respect of which (if any) regions to give a direction) any differences in the levels of interest in the different regions in the holding of a referendum.

(4) For the purposes of subsections (2) and (3) the Secretary of State must consider—

(a) views expressed and information and evidence provided to him;

(b) such published material as he thinks appropriate.

(5) For the purposes of deciding in respect of which (if any) regions to give a direction the Secretary of State may also consider—

(a) the effects he thinks the carrying out of a local government review will have on the relevant local authorities (taken as a whole) in the region;

(b) differences in the effects he thinks the carrying out of local government reviews will have on the relevant local authorities (taken as a whole) in different regions;

(c) the implications for the Boundary Committee of the making of directions in respect of two or more regions at the same time or in close proximity of time;

(d) the resources needed for the Boundary Committee to carry out local government reviews;

(e) whether the Boundary Committee have made any recommendations in respect of a region in pursuance of an earlier direction under this section.

(6) For the purposes of subsection (5)(a) and (b) the Secretary of State—

(a) must have regard (in particular) to the number of relevant local authorities in a region and the number of people living in the areas of those authorities;

(b) must ignore any effect of the implementation of recommendations of the Boundary Committee following a review.

(7) It is immaterial that anything done for the purposes of subsection (4) or (5) is done before the passing of this Act.

(8) A direction may require the Boundary Committee—

(a) to start the review not later than a specified date;

(b) to make their recommendations not later than a specified date.

(9) But the Secretary of State must not give a direction containing such requirements unless he has consulted the Boundary Committee as to the dates he proposes to specify.

(10) A direction under this section may be varied or revoked by a subsequent direction.