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(1)Rule 5 of Schedule 2 to the 1986 Act (factors a Boundary Commission may take into account) is amended in accordance with subsections (2) and (3).
(2)In rule 5(1) (list of factors), for paragraph (b) substitute—
“(b)local government boundaries which exist, or are prospective, on the review date;”.
(3)After rule 5(1) insert—
“(1A)In the case of a local government boundary which is prospective on the review date, it is that boundary rather than any existing boundary which it replaces, which may be taken into account under sub-paragraph (1)(b).”
(4)In rule 9 of Schedule 2 to the 1986 Act (interpretation), after sub-paragraph (3) insert—
“(3A)A local government boundary is “prospective” on a particular date if, on that date—
(a)it is specified in a provision of primary or secondary legislation, but
(b)that provision is not yet in force for all purposes.
(3B)For that purpose—
(a)“primary legislation” means—
(i)an Act of Parliament,
(ii)an Act of the Scottish Parliament,
(iii)an Act of Senedd Cymru, or
(iv)Northern Ireland legislation, and
(b)“secondary legislation” means an instrument made under primary legislation.”
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