Part 2Local government reviews
Reviews
13Local 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.
14Local government review: supplementary
1
This section applies for the purposes of section 13.
2
3
A local government review is a review to consider—
a
appropriate structural change for the region;
b
whether any boundary changes should be made in the region in connection with or to facilitate the carrying out of the structural change.
4
Relevant local authorities are the county council and district council for any area in the region in relation to which both councils have functions.
5
The Boundary Committee must not consider any boundary change in relation to—
a
any area in the region which is not the area of a relevant local authority unless it has the effect that any part of the area of a relevant local authority becomes part of the area of a local authority which is not a relevant local authority;
b
any area outside the region.
6
The Boundary Committee for England may require a public body to give the Committee such information as they reasonably require in connection with their functions under this Part.
7
A public body must comply with a requirement under subsection (6).
8
In carrying out their functions under this Part the Boundary Committee must—
a
assume that there is an elected assembly for the region;
b
recommend structural change for so much of the area of the region as is comprised of the areas of all of the relevant local authorities in the region;
c
have regard to the need to reflect the identities and interests of local communities;
d
have regard to the need to secure effective and convenient local government;
e
have regard to guidance issued by the Secretary of State.
15Review procedure
The provisions of the 1992 Act specified in the left hand column of the Table apply to a review carried out by the Boundary Committee for England in pursuance of a direction under section 13 of this Act as they apply to a review carried out by them under Part 2 of that Act subject to the modifications specified in the right hand column:
Section 14 | (a) In subsection (1) for references to the Electoral Commission substitute references to the Boundary Committee for England; (b) In subsection (1)(b) for “independently of any such change” substitute (c) Subsection (1)(c) must be ignored; (d) Subsection (3)(b) does not apply to a parish; (e) In subsection (3) paragraphs (d), (e), (f) and (g) must be ignored; (f) Subsection (4) must be ignored; (g) Subsection (5)(ba) must be ignored; (h) In subsection (6) omit “subject to any necessary electoral changes”; (i) Subsection (8) must be ignored. |
Section 15 | (a) In subsection (1)(b) omit “under this Part”; (b) Subsections (2) and (6) to (8) must be ignored; (c) In subsection (3) omit “or (2)(c)”; (d) In subsection (4) for references to the Electoral Commission substitute references to the Secretary of State. |
Section 15A | (a) For “Where the Electoral Commission consider it appropriate they may direct the Boundary Committee for England” substitute (b) In paragraph (c) for “Electoral Commission” substitute |
Section 16 | References to the Electoral Commission must be ignored. |
16Boundary Committee recommendations
1
This section applies in relation to recommendations made by the Boundary Committee in pursuance of section 13(1)(b).
2
The recommendations must include at least two options for structural change in relation to each county area in the region.
3
At any time after he receives the recommendations the Secretary of State may—
a
direct the Boundary Committee to supply him with additional information or advice;
b
reject one or more of the options.
4
If the Secretary of State rejects one or more of the options he may direct the Boundary Committee either—
a
to make different recommendations, or
b
to carry out a further local government review of the region and to make further recommendations.
5
If the Secretary of State acts under subsection (4)(b), sections 13(8) to (10), 14(3) to (8), 15 and this section apply for the purposes of the further review and recommendations.
6
For the purposes of subsection (5) it is immaterial whether the Secretary of State has considered any of the matters in section 13(5).
7
County area must be construed in accordance with section 2(3).