Government of Wales Act 1998

Prospective

[F14(1)When the Boundary Committee for Wales (“the Committee”) provisionally determine (in pursuance of the 1986 Act) proposed recommendations which they are minded to include in a report under section 3A(2) of that Act and which would involve any alterations in any parliamentary constituencies in Wales, the Committee shall consider whether any alteration—

(a)in the Assembly electoral regions, or

(b)in the allocation of seats to the Assembly electoral regions,

would be required in order to give effect to the rules set out in paragraph 8.

(2)Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which, in the light of their consideration of the question mentioned in that sub-paragraph, the Committee propose should be included in the Electoral Commission’s section 3 report in pursuance of paragraph 7.

(3)In section 3A of the 1986 Act—

(a)subsection (3) shall apply with any necessary modifications in relation to any such proposed recommendations as they apply in relation to any proposed recommendations of a Boundary Committee under section 3A(2) of that Act; and

(b)in subsection (4), the first reference to that Act shall include a reference to this Schedule, and the reference to the rules set out as there mentioned shall include a reference to the rules set out in paragraph 8.

(4)In this paragraph—

• “the Boundary Committee for Wales” means the Committee of that name established by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000;

• “the Electoral Commission’s section 3 report” means the report of the Electoral Commission under section 3 of the 1986 Act for the purposes of which the proposed recommendations mentioned in sub-paragraph (1) would be made.]

Prospective

5(1)Where, after the consideration required by [F2paragraph 4(1), the Commission have provisionally determined to propose (in pursuance of paragraph 4(2))] recommendations affecting any Assembly electoral region, they shall publish a notice in at least one newspaper circulating in the Assembly electoral region.

(2)The notice shall state—

(a)the effect of the proposed recommendations,

(b)(except where [F2 their effects is] that no alteration affecting the Assembly electoral region be made) that a copy of the proposed recommendations is open to inspection at one or more specified places within each Assembly constituency included in the Assembly electoral region, and

(c)that representations with respect to the proposed recommendations may be made [F2to the Committee] within one month after the publication of the notice.

(3)[F2The Committee] shall take into consideration any representations duly made in accordance with any notice published under sub-paragraph (1).

(4)Where [F2the Committee] revise any proposed recommendations after publishing a notice of them under sub-paragraph (1), the Commission shall comply again with that sub-paragraph in relation to the revised proposed recommendations, as if no earlier notice had been published.

(5)[F2The Committee] is not required to comply with sub-paragraph (1) or (4) if the proposed recommendations (or the revised proposed recommendations)—

(a)are only for an alteration in the number of Assembly seats for the Assembly electoral region, and

(b)the proposed (or the revised proposed) total number of Assembly seats for the Assembly electoral regions is exactly divisible by five.

[F3(5A)Where the Electoral Commission are minded to exercise in relation to the Committee’s proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above) they shall have regard to—

(a)any representations duly made with respect to the recommendations in accordance with any notice published under sub-paragraph (1); or

(b)(where they are minded to exercise any of those powers in relation to part only of the Assembly electoral region) any representations so made with respect to the recommendations so far as relating to that part of the region.

F3(5B)Where the Committee’s proposed recommendations have been modified by the Electoral Commission under section 3A(3)(b) of the 1986 Act (as applied by paragraph 4(3) above), the Committee shall publish in at least one newspaper circulating in the Assembly electoral region a notice stating the effect of those recommendations as so modified.]

(6)Where the proposed (or the revised proposed) total number of Assembly seats for the Assembly electoral regions is not exactly divisible by five, a recommendation for an alteration in the number of Assembly seats for any Assembly electoral region shall be taken (for the purposes of this paragraph and paragraph 6) to be one which also affects all the other Assembly electoral regions.

Prospective

6(1)[F4For the purposes of this Schedule the Committee] may, if they think fit, cause a local inquiry to be held in respect of any Assembly electoral region or regions.

(2)Where, on the publication of the notice under paragraph 5(1) of a proposed recommendation of [F4the Committee] for an alteration affecting any Assembly electoral regions, [F4the Committee] receive any representations objecting to the proposed recommendation from—

(a)an interested local authority, or

(b)a body of electors numbering 500 or more,

[F4the Committee] shall not [F4proceed with the proposed recommendation] unless, since the publication of the notice, a local inquiry has been held in respect of those Assembly electoral regions.

(3)Where a local inquiry was held in respect of those Assembly electoral regions before the publication of notice mentioned in sub-paragraph (2), that sub-paragraph shall not apply if [F4the Committee], after considering—

(a)the matters discussed at the local inquiry,

(b)the nature of the representations received on the publication of the notice, and

(c)any other relevant circumstances,

are of opinion that a further local inquiry would not be justified.

(4)In sub-paragraph (2)—

• “interested local authority” means the council of a county or county borough whose area is wholly or partly included in the Assembly electoral regions affected by the proposed recommendation, and

• “elector” means a person who, at the time when the representations are made, is registered in the register of local government electors at an address within any of the Assembly constituencies included in any of those Assembly electoral regions.

(5)Section 250(2) and (3) of the M3Local Government Act 1972 (witnesses at local inquiries) shall apply in relation to any local inquiry which [F4the Committee] may cause to be held in pursuance of this paragraph.

[F5(6)Where the Committee have caused a local inquiry to be held in pursuance of this paragraph, the Committee shall take into consideration the findings of the inquiry.

(7)Where the Committee have caused a local inquiry to be held in pursuance of this paragraph and the Electoral Commission are minded to exercise in relation to the Committee’s proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above), the Electoral Commission shall have regard to—

(a)the findings of the inquiry; or

(b)(where, in the case of any Assembly electoral region in respect of which the inquiry was held, they are minded to exercise any of those powers in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region.]

Prospective

7(1)This paragraph applies where [F6the Electoral Commission] submit to the Secretary of State—

(a)a report under subsection (1) of section 3 of the 1986 Act recommending alterations in parliamentary constituencies [F7in Wales], or

(b)a report under subsection (3) of that section [F8relating to any constituency or constituencies in Wales.]

(2)The report shall show any alteration—

(a)in the Assembly electoral regions, or

(b)in the allocation of seats to the Assembly electoral regions,

which [F6the Electoral Commission] recommend in order to give effect to the rules set out in paragraph 8.

(3)If, in the opinion of [F6the Electoral Commission], no alteration is required for that purpose, they shall state that in the report.

(4)If the report recommends any alteration in any Assembly electoral regions, it shall state the name (in English and in Welsh) by which [F6 the Electoral Commission] recommend that the Assembly electoral regions (as proposed to be altered) should be known.

(5)[F6the Electoral Commission] shall send a copy of the report to the Assembly.

Prospective

8(1)The rules referred to in paragraphs 4 and 7(2) are—

1Each Assembly constituency shall be wholly included in one Assembly electoral region.

2 The regional electorate for an Assembly electoral region shall be as near the regional electorate for each other Assembly electoral region as is reasonably practicable, having regard (where appropriate) to special geographical considerations.

3 The total number of Assembly seats for the Assembly electoral regions shall be—

(a)one half of the total number of the Assembly constituencies, or

(b)(if that total number is not exactly divisible by two) one half of the number produced by adding one to that total number.

4 The number of Assembly seats for the Assembly electoral regions shall be—

(a)one fifth of the total number of Assembly seats for the electoral Assembly regions, or

(b)(if that total number is not exactly divisible by five) either one fifth of the highest number which is less than that total number and exactly divisible by five or the number produced by adding one to one fifth of that highest number (as provided by sub-paragraphs (2) to (4)).

(2)If the total number of Assembly seats for the electoral Assembly regions is not exactly divisible by five, the [F9Electoral Commission or (as the case may be) the Committee] shall calculate the difference between—

(a)the total number of seats for the Assembly electoral regions, and

(b)the highest number which is less than that total number and exactly divisible by five,

and that is the number of residual seats to be allocated by the [F9Electoral Commission or (as the case may be) the Committee].

(3)The [F9Electoral Commission or (as the case may be) the Committee] shall not allocate more than one residual seat to an Assembly electoral region.

(4)The [F9Electoral Commission or (as the case may be) the Committee] shall divide the regional electorate for each Assembly electoral region by the aggregate of—

(a)the number of Assembly constituencies in the Assembly electoral region, and

(b)one fifth of the highest number which is less than the total number of seats for the electoral Assembly regions and exactly divisible by five,

and, in allocating the residual seat or seats to an Assembly electoral region or Assembly electoral regions, shall have regard to the desirability of allocating the residual seat or seats to the Assembly electoral region or regions for which that calculation produces the highest number or numbers.

Prospective

9(1)An Order in Council under the 1986 Act for giving effect [F10to the recommendations contained in a report of the Electoral Commission] may specify different dates for its coming into force—

(a)for the purposes of elections to the House of Commons, and

(b)for the purposes of the return of Assembly members.

(2)The coming into force of an Order in Council under the 1986 Act shall not affect the operation of section 8 or 9, or the constitution of the Assembly, at any time before the next ordinary election.

Prospective

10(1)For the purposes of any report of [F11the Electoral Commission] the regional electorate for an Assembly electoral region is the number of persons who, on the enumeration date, are registered in the register of local government electors at addresses within any of the Assembly constituencies included in the Assembly electoral region.

(2)In sub-paragraph (1) “the enumeration date” means the date on which notice that [F11the Electoral Commission] intended to consider making the report was published in accordance with section 5(1) of the 1986 Act.

[F12(3)Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate for an Assembly electoral region in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission.]

Prospective

11In this Schedule—

• “the 1986 Act” means the M4Parliamentary Constituencies Act 1986, and

• [F13“the Committee” means the Boundary Committee for Wales (as defined by paragraph 4(4));]

• [F14“recommendations” includes (unless the context otherwise requires) a recommendation that no alteration is required.]