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(a) the functions of the Secretary of State under sections 13 to 15 and 17 of the Local Government Act 1992[4], to the extent that they relate to electoral changes within the meaning of that Act;

(b) the functions of the Secretary of State under sections 13, 14 and 17(4) of the Local Government and Rating Act 1997[5], to the extent that they relate to electoral arrangements within the meaning of that Act;

(c) the function of the Secretary of State of specifying the London Assembly constituencies by order under section 2(4) of the Greater London Authority Act 1999[6];

(d) the functions of the Secretary of State in relation to the London Assembly constituencies under Schedule 1 to the Greater London Authority Act 1999;

(e) the functions of the Secretary of State in relation to the reports of the English Commission in respect of county areas dated August 2000; and

(f) the functions of the Secretary of State in relation to any reports of the English Commission dated on or after 1st November 2001.

Accounts
     4. Any functions under paragraph 10 of Schedule 2 to the Local Government Act 1992 in relation to the accounting year beginning on 1st April 2001 which would, but for this Order, have fallen to be discharged on or after 1st April 2002 by the English Commission shall be discharged by the Electoral Commission.

Transfer of Staff
     5.  - (1) This article applies to any person other than the Chief Executive who immediately before 1st April 2002 is an employee of the English Commission.

    (2) Article 2 shall not operate so as to terminate the contract of employment of any such person but any such contract shall have effect from 1st April 2002 as if originally made between that person and the Electoral Commission.

    (3) On 1st April 2002 - 

(a) all the rights, powers, duties and liabilities of the English Commission under or in connection with any such contract shall transfer to the Electoral Commission; and

(b) anything done before that date by or in relation to the English Commission in respect of that contract or an employee of the English Commission shall be deemed to have been done by or in relation to the Electoral Commission.

    (4) Paragraphs (2) and (3) are without prejudice to any right of an employee arising apart from this Order to terminate his contract of employment without notice if a substantial change is made in his working conditions to his detriment; but no such right shall arise by reason only of the change of employer effected by paragraph (2).

    (5) This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981[7].

    (6) In this article "employee of the English Commission" means any individual who works whether under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services.

Continuity of the exercise of functions
     6. Anything done by or in relation to the English Commission or the Secretary of State in the exercise of or in connection with a function which by virtue of this Order becomes the function of the Electoral Commission shall so far as is required for continuing its effect on and after 1st April 2002 have effect as if done by or in relation to the Electoral Commission.

Complaints of maladministration by English Commission
     7.  - (1) The Parliamentary Commissioner may investigate, or, as the case may be, continue to investigate a complaint of maladministration by the English Commission arising in relation to any functions, property, rights or liabilities transferred by this Order.

    (2) In relation to any such investigation begun or continued on or after 1st April 2002, the Parliamentary Commissioner Act 1967[8] shall apply as if for any reference to the principal officer of the English Commission there were substituted a reference to the principal officer of the Electoral Commission.

Amendments to the Local Government Act 1992
     8. The amendments to the Local Government Act 1992 specified in Schedule 1 to this Order shall have effect.

Amendments to other Acts
     9. The amendments to other enactments specified in Schedule 2 to this Order shall have effect.



Signed by authority of the Secretary of State for Transport, Local Government and the Regions


Alan Whitehead
Parliamentary Under Secretary of State, Department for Transport, Local Government and the Regions

10th December 2001

" Reviews and Recommendations
     13.  - (1) The Secretary of State may request the Electoral Commission to recommend in respect of a specified area in England - 


(a) whether a structural change should be made;

(b) whether a boundary change should be made.



    (2) Where the Electoral Commission receive a request in respect of an area under subsection (1), they may direct the Boundary Committee for England - 



(a) to conduct a review of the area, and

(b) to recommend whether a change of the kind specified in the request should be made.



    (3) The Electoral Commission may direct the Boundary Committee for England - 



(a) to conduct a review of a specified area in England, and

(b) to recommend whether an electoral change should be made in respect of that area.



    (4) The Electoral Commission shall from time to time direct the Boundary Committee for England - 



(a) to conduct a review of each principal area in England, and

(b) to recommend whether an electoral change should be made in respect of that area.



    (5) In carrying out a function under this section the Electoral Commission or the Boundary Committee for England shall have regard to - 



(a) the need to reflect the identities and interests of local communities,

(b) the need to secure effective and convenient local government,

(c) the need to secure the matters mentioned in paragraphs 1(2)(a) and 3(2)(a) of Schedule 11 to the Local Government Act 1972[10] (equality of representation), and

(d) any scheme for elections specified by order under section 86 of the Local Government Act 2000[11] (power to specify a scheme for elections).



    (6) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

    (7) A direction may, in particular, require the Boundary Committee for England to have regard to - 



(a) guidance given by the Secretary of State as to matters to be taken into account in considering structural or boundary changes;

(b) guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes."

     2.  - (1) Section 14 (changes that may be recommended)[12] is amended as follows.

    (2) In subsection (1), for "Local Government Commission" substitute "Electoral Commission".

    (3) In paragraph (a)(iii) of subsection (4), omit the words from "and" to "elected".

    (4) In subsection (8),

(a) for "Local Government Commission" substitute "the Boundary Committee for England"; and

(b) for "section 13(1A)" substitute "section 13(3) or (4)".

     3.  - (1) Section 15 (procedure on a review)[13] is amended as follows:

    (2) In subsection (1) - 

(a) for "Local Government Commission" substitute "Boundary Committee for England"; and

(b) for "it considers" substitute "they consider".

    (3) In subsection (2) - 

(a) for the words from "deciding" to "Local Government Commission" substitute "being directed to conduct a review of any area under section 13(4) above, the Boundary Committee for England";

(b) for "it considers" substitute "they consider"; and

(c) in paragraph (a), for "Commission is" substitute "Committee are".

    (4) In subsection (3) - 

(a) for "Local Government Commission" substitute "Boundary Committee for England";

(b) in paragraph (a), for "it" substitute "them";

(c) in paragraph (b), for "it considers" substitute "they consider"; and

(d) for "Commission" each time it appears substitute "Committee".

    (5) For subsection (4) substitute - 

    " (4) As soon as the Boundary Committee for England are in a position to submit to the Electoral Commission a report on a review, they shall - 


(a) submit a report to the Commission together with their recommendations;

(b) take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which they may be inspected; and

(c) deposit copies of the recommendations at the principal office of any principal council or police authority appearing to the Committee to be likely to be affected by them."

    (6) For subsection (6) substitute - 

    " (6) Where the report on a review is submitted to the Electoral Commission under subsection (4) above, the Commission may - 


(a) direct the Boundary Committee for England to reconsider their recommendations with a view to deciding whether to submit a further report under subsection (4) containing different recommendations; or

(b) direct the Boundary Committee for England to conduct a further review of all or part of the area to which the report relates and to make revised recommendations as respects that area; and this section shall apply in relation to the further review with such modifications as may be specified in the direction."

    (7) For subsection (7) substitute - 

    " (7) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

    (7A) A direction may, in particular, require the Boundary Committee for England to have regard to - 


(a) guidance given by the Secretary of State as to matters to be taken into account in considering structural or boundary changes;

(b) guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes."

     4. After section 15 insert - 

" Alternative procedure on a review
     15A.  - (1) Where the Electoral Commission consider it appropriate they may direct the Boundary Committee for England not to follow the procedure on a review set out in section 15 above but - 


(a) to take sufficient steps to secure that persons who may be interested in the matters which are the subject of review are informed of them and of the period within which representations about them may be made;

(b) to take into consideration any such representations made to them within that period; and

(c) to inform any person who has made representations of the recommendations which are made to the Electoral Commission."

     5.  - (1) Section 16 (consultation with the Audit Commission)[14] is amended as follows:

    (2) In subsections (1) and (3) for "Local Government Commission" substitute "Electoral Commission, the Boundary Committee for England or the Secretary of State".

    (3) In subsection (1), omit the words "it with".

     6.  - (1) Section 17 (implementation of recommendations)[15] is amended as follows:

    (2) For subsection (1) substitute - 

    " (1) Where the Electoral Commission make recommendations to the Secretary of State for structural or boundary changes in response to a request by him under section 13, he may by order give effect to all or any of the recommendations, with or without modifications."

    (3) After subsection (1) insert - 

    " (1A) Where the Boundary Committee for England make recommendations to the Electoral Commission for electoral changes, the Commission may by order give effect to all or any of the recommendations, subject to any modifications to those recommendations agreed with that Committee".

    (4) In subsection (2) - 

(a) for the words "the submission of the report" substitute "the receipt of recommendations or the submission of a report";

(b) omit the words from "the Secretary of State" to the end and substitute - 


" (a) the Secretary of State may request the Electoral Commission to supply him with additional information or advice; and

(b) the Electoral Commission may direct the Boundary Committee for England to supply them with additional information or advice".

    (5) In subsection (3) - 

(a) insert at the beginning "Subject to subsection (3A) below,"; and

(b) for "Local Government Commission" substitute "Electoral Commission or of the Boundary Committee for England".

    (6) After subsection (3) insert - 

    " (3A) An order made by the Secretary of State under subsection (1) above may not include provision as to the matters mentioned in paragraphs (d), (e) and (ea)[16] of subsection (3) above.

    (3B) An order made by the Electoral Commission under subsection (1A) above may not include provision as to the matters mentioned in paragraphs (a) to (c), (g) and (h) of subsection (3) above."

    (7) In subsection (4), for "The power" substitute "A power".

    (8) In subsection (7)[17], for the words "this section" substitute "subsection (1A) above."

     7. In section 18(4) (consequences of structural changes etc), for "Local Government Commission" substitute "Electoral Commission".

     8. In section 21(1) (joint authorities), for "Local Government Commission" substitute "Electoral Commission".

     9.  - (1) Section 26 (orders, regulations and directions under Part II) is amended as follows.

    (2) In subsection (1) after "the Secretary of State" insert "or the Electoral Commission".

    (3) For subsection (3) substitute - 

    " (3) Every power of the Secretary of State under this Part to make orders or regulations, and every power of the Electoral Commission to make orders or to give directions, shall include power to make different provision for different cases, including provision for different localities and for different bodies".

    (4) In subsection (6) - 

(a) for the words "the Secretary of State is satisfied" substitute "the Secretary of State is or the Electoral Commission are satisfied";

(b) for "he may" substitute "he or they may"; and

(c) for "he thinks" substitute "he thinks or they think".

     10.  - (1) Section 27 (amendments relating to local government changes) is amended as follows.

    (2) In subsection (2) for the words "the Secretary of State and the Local Government Commission" substitute "the Electoral Commission and the Boundary Committee for England".

    (3) In paragraph (b) of subsection (2) for "Local Government Commission" substitute "the Electoral Commission and the Boundary Committee for England".

    " (3A) Where the council make recommendations under subsection (3) they must also make proposals to the Electoral Commission for the electoral arrangements for the new parish council."

    (4) In subsection (4), insert after "mentioned in subsection (3)," "or make the proposals mentioned in subsection (3A),".

    (5) In subsection (5), for the words "include recommendations" substitute "make proposals to the Electoral Commission".

    (6) In subsection (6), for the words "include a recommendation" substitute "make proposals to the Electoral Commission".

     4.  - (1) Section 10 of the 1997 Act (procedure on a review) is amended as follows.

    (2) In subsection (3) - 

(a) after the words "the Secretary of State" insert "or proposals to the Electoral Commission"; and

(b) in paragraphs (a) and (b) insert after "recommendations" "or proposals".

    (3) In subsection (4) - 

(a) insert after "recommendations" each time it appears "or proposals"; and

(b) insert after "Secretary of State" "and the Electoral Commission".

     5. In section 11(5) of the 1997 Act (petitions for new parishes), omit ",13".

     6.  - (1) Section 12 of the 1997 Act (views of local authority about the petition) is amended as follows.

    (2) In subsection (2) - 

(a) insert after "inform" "the Electoral Commission and"; and

(b) for "him" substitute "the Secretary of State".

    (3) In subsection (4) - 

(a) for the words from "recommendations" to "Secretary of State" the second time it appears substitute "proposals to the Electoral Commission about those matters, they must send them to the Electoral Commission"; and

(b) in paragraphs (a) and (b) for "recommendations" substitute "proposals".

    (4) In subsection (6) - 

(a) for the words "recommendations to the Secretary of State" substitute "proposals to the Electoral Commission"; and

(b) for the word "him" substitute "the Commission".

    (5) In subsection (7) - 

(a) for "recommendations" substitute "proposals"; and

(b) for "Secretary of State" substitute "Electoral Commission".

     7. For section 13 of the 1997 Act (consultation with Local Government Commission) substitute - 

" Consideration by Electoral Commission
     13.  - (1) Where the Electoral Commission are sent any proposals under section 9 or 12, or the Secretary of State requests the Commission to advise him on any recommendations made to him under either of those sections, the Commission may direct the Boundary Committee for England to carry out a review of the proposals or recommendations either - 


(a) in accordance with the procedure prescribed in section 15 of the Local Government Act 1992 (procedure on a review); or

(b) if they consider it more appropriate in the circumstances, in accordance with the procedure prescribed in section 15A of that Act (alternative procedure on a review),



and to make recommendations to the Commission.

    (2) The Electoral Commission may advise the Secretary of State to give effect to any recommendations made to him subject to such changes as appear to them to be appropriate.

    (3) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

    (4) A direction may, in particular, require the Boundary Committee for England to have regard to - 



(a) any guidance given by the Electoral Commission;

(b) guidance given by the Secretary of State as to matters to be taken into account in relation to boundary changes or the constitution of a new parish."

     8.  - (1) Section 14 of the 1997 Act (implementation by Secretary of State) is amended as follows.

    (2) In subsection (1) - 

(a) in paragraph (a) omit the words from "(together" to "England)"; and

(b) in paragraph (b), omit the words from "(together" to "petition)".

    (3) After subsection (1) insert - 

    " (1A) The Electoral Commission may by order give effect to any proposals sent to them under section 9 or 12 subject to - 


(a) any recommendations made to them on those proposals by the Boundary Committee for England; and

(b) any modifications to those recommendations agreed with that Committee."

    (4) In subsection (2), for "this section" substitute "subsection (1A)".

    (5) Omit subsection (3).

    (6) For subsection (5) substitute - 

    " (5) The Electoral Commission may give effect to proposals sent to them under section 12 whether or not the proposals are sent within the period mentioned in section 12(7).

    (6) The Secretary of State may give effect to a petition in accordance with subsection (1)(b) whether or not it is sent to him within the period mentioned in section 11(4)."

     9. In section 17 of the 1997 Act (electoral arrangements), substitute for the words "Secretary of State has" in paragraph (b) of subsection (4) the words "Electoral Commission have".

     10. In section 18(1) of the 1997 Act (considerations in deciding about electoral arrangements) - 

(a) omit the words "the Secretary of State,"; and

(b) for "the Local Government Commission for England" substitute "the Electoral Commission".

     11.  - (1) Section 22 of the 1997 Act (exercise of functions) is amended as follows.

    (2) In subsection (1), insert at the end "or by the Electoral Commission".

    (3) In subsection (2), for "Local Government Commission for England" substitute "Electoral Commission".

    (4) Omit subsections (3) and (4).

     12.  - (1) Section 23 of the 1997 Act (orders and regulations under Part II) is amended as follows.

    (2) In subsection (1) insert after "regulations" "or power of the Electoral Commission to make an order under section 14(1A)".

    (3) In subsection (8) insert at the end "and to the Electoral Commission".

The Greater London Authority Act 1999
     13. In section 2(4) of the Greater London Authority Act 1999 (membership of the Authority and the Assembly) ("the 1999 Act")[20], for "the Secretary of State" substitute "statutory instrument by the Electoral Commission".

     14.  - (1) Schedule 1 to the 1999 Act (Assembly constituencies and orders under section 2(4)) is amended as follows.

    (2) In paragraph 1 (Changes to Assembly Constituencies) - 

(a) In sub-paragraph (1) - 


(i) in paragraph (a) for "review" substitute "request"; and

(ii) for "Local Government Commission for England ("the Commission") recommends" substitute "Electoral Commission recommend";



(b) for sub-paragraph (3) substitute - 

    " (3) 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;"

(c) in sub-paragraph (4) - 


(i) for "Commission" each time it appears substitute "Committee";

(ii) for "is" the first time it appears substitute "are"; and

(iii) for "Secretary of State" substitute "Electoral Commission";



(d) in sub-paragraph (5) for "Commission is" substitute "Committee are"; and

(e) after sub-paragraph (5) insert - 

    " (5A) The Electoral Commission may direct the Committee to reconsider the recommendation made under sub-paragraph (4)"; and

(f) omit sub-paragraphs (6) and (7).

    (3) In paragraph 2 (Comprehensive review of Assembly constituencies) - 

(a) in sub-paragraph (1) - 


(i) for "Secretary of State" each time it appears substitute "Electoral Commission";

(ii) for "directs" substitute "direct";

(iii) for "Commission" substitute "Committee"; and

(iv) for "it recommends" each time it appears substitute "they recommend".



(b) in sub-paragraph (2), for "Commission" substitute "Committee".

    (4) In paragraph 3 (preparation and submission of report) - 

(a) in sub-paragraph (2) - 


(i) for "the Commission shall take such steps as it considers" substitute "the Committee shall take such steps as they consider" and

(ii) in paragraph (a), for "Commission" substitute "Committee".



(b) in sub-paragraph (3) - 



(i) for "its report, the Commission" substitute "their report, the Committee";

(ii) in paragraph (a), for "made to it" substitute "made to them";

(iii) in paragraph (b), for "it considers" substitute "they consider"; and

(iv) in paragraph (d), for "Commission" substitute "Committee".



(c) in sub-paragraph (4) - 



(i) for "Commission is" substitute "Committee are";

(ii) for "its report" substitute "their report";

(iii) for "Secretary of State" substitute "Electoral Commission";

(iv) for "it shall" substitute "they shall";

(v) in paragraph (a), for "him" substitute "them";

(vi) in paragraph (b), for "it considers" substitute "they consider".

    (5) In paragraph 4 (further report) - 

(a) in sub-paragraph (1) - 


(i) for "Secretary of State" substitute "Electoral Commission";

(ii) for "he may, if he thinks fit" substitute "they may, if they think fit"; and

(iii) for "Commission" substitute "Committee".



(b) in sub-paragraph (3), for "Commission" substitute "Committee".

    (6) In paragraph 5 (Directions) - 

(a) for "Secretary of State" each time it appears substitute "Electoral Commission";

(b) for "Commission" each time it appears substitute "Committee"; and

(c) for "its functions" substitute "their functions".

    (7) Omit paragraph 6.

    (8) In paragraph 8 (orders under section 2(4)) - 

(a) for sub-paragraph (1) substitute - 

    " (1) 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."; and

(b) in sub-paragraph (3) - 


(i) for "Secretary of State" substitute "Electoral Commission";

(ii) for "Commission" substitute "Committee"; and

(iii) for "him" substitute "them".

    (9) In paragraph 9 - 

(a) for "Secretary of State is" substitute "Electoral Commission are";

(b) for "he may by order" substitute "they may by order made by statutory instrument"; and

(c) for "he thinks" substitute "they think".

[2] The Local Government Commission for England was established by section 12 of the Local Government Act 1992 (c. 19).back

[3] The Electoral Commission was established by section 1 of the Political Parties, Elections and Referendums Act 2000.back

[4] 1992 c. 19.back

[5] 1997 c. 29.back

[6] 1999 c. 29.back

[7] S.I. 1981/1794.back

[8] 1967 c. 13 applied to the English Commission by paragraph 11 of Schedule 2 to the Local Government Act 1992.back

[9] Section 13 was amended by section 19 of the Local Government and Rating Act 1997 (c. 29) and by paragraph 9 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000.back

[10] c. 70.back

[11] c. 22.back

[12] Relevant amendments to section 14 are made by section 89 of the Local Government Act 2000 (c. 41), by section 19(2) of the Local Government and Rating Act 1997 and by paragraph 10 of Schedule 21 to the Political Parties' Elections and Referendums Act 2000.back

[13] Section 15 was amended by the Police and Magistrates' Courts Act 1994. (c. 29, section 39).back

[14] Section 16 was amended by Schedule 3 to the Audit Commission Act 1998 (c. 18).back

[15] Section 17 is amended by section 39 of the Police and Magistrates Courts Act 1994, by section 20 of the Local Government and Rating Act 1997 and by section 89(3) of the Local Government Act 2000.back

[16] Paragraph (ea) was inserted by section 20 of the Local Government and Rating Act 1997.back

[17] Subsection (7) was inserted by section 89(3) of the Local Government Act 2000.back

[18] 1972 c. 70.back

[19] 1997 c. 29.back

[20] 1999 c. 29.back

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