Political Parties, Elections and Referendums Bill - continued        House of Lords
PART I, ESTABLISHMENT OF ELECTORAL COMMISSION AND BODIES WITH RELATED FUNCTIONS - continued
Commission's electoral boundary functions - continued

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Transfer of functions of Local Government Commission for England.     18. - (1) The Secretary of State may by order make provision for and in connection with transferring (to any extent) to-
 
 
    (a) the Commission, or
 
    (b) the Boundary Committee for England,
  any of the functions of the Local Government Commission for England (in this section referred to as "the English Commission").
 
      (2) An order under subsection (1) may make provision for-
 
 
    (a) transferring (to any extent) any relevant function of the Secretary of State to the Commission;
 
    (b) terminating (to any extent) any relevant function of the Secretary of State or the English Commission without transferring it to the Commission or the Boundary Committee for England;
 
    (c) modifying (to any extent) any relevant function of the Secretary of State;
 
    (d) preventing the Secretary of State from exercising any relevant function (including one so modified) unless he has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising him to seek such advice in connection with the exercise of any such function;
 
    (e) modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for England;
 
    (f) conferring on the Commission functions with respect to electoral areas or other electoral arrangements relating to the Isles of Scilly.
      (3) In subsection (2) "relevant function" means (subject to subsection (4)) a function under-
 
 
    (a) any of sections 13 to 15 and 17 of the Local Government Act 1992 (local government changes in England),
 
    (b) any of sections 13, 14 and 17(4) of the Local Government and Rating Act 1997 (parishes and parish councils) so far as having effect in relation to electoral arrangements within the meaning of Part II of that Act, or
 
    (c) section 2(4) of the Greater London Authority Act 1999 or Schedule 1 to that Act (assembly constituencies).
      (4) Nothing in subsection (2) authorises the transfer to the Commission of any power of the Secretary of State under any of the provisions mentioned in subsection (3)(a) to make orders other than those effecting electoral changes within the meaning of Part II of the Local Government Act 1992; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.
 
      (5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for England shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
 
      (6) The English Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.
 
      (7) An order under subsection (1) or (6) may include provision for the transfer to the Commission-
 
 
    (a) of the staff of the English Commission, and
 
    (b) of any property, rights and liabilities to which the English Commission are entitled or subject;
  and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
 
      (8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the English Commission were established or constituted.
 
      (9) The Secretary of State may pay to the Commission such amount as he may determine to be appropriate by way of reimbursement for any expenditure incurred by them which is attributable to the provision by them of advice to the Secretary of State in pursuance of an order under subsection (1).
 
Transfer of functions of Local Government Boundary Commission for Scotland.     19. - (1) The Scottish Ministers may by order make provision for and in connection with transferring (to any extent) to-
 
 
    (a) the Commission, or
 
    (b) the Boundary Committee for Scotland,
  any of the functions of the Local Government Boundary Commission for Scotland (in this section referred to as "the Scottish Commission").
 
      (2) An order under subsection (1) may make provision for-
 
 
    (a) transferring (to any extent) any relevant function of the Scottish Ministers to the Commission;
 
    (b) terminating (to any extent) any relevant function of the Scottish Ministers or the Scottish Commission without transferring it to the Commission or the Boundary Committee for Scotland;
 
    (c) modifying (to any extent) any relevant function of the Scottish Ministers;
 
    (d) preventing the Scottish Ministers from exercising any relevant function (including one so modified) unless they have sought and obtained such advice of the Commission as may be prescribed by the order, or authorising them to seek such advice in connection with the exercise of any such function;
 
    (e) modifying any function transferred by such an order so far as it is to be exercisable by the Commission or the Boundary Committee for Scotland.
      (3) In subsection (2) "relevant function" means (subject to subsection (4)) a function under any of sections 13 to 21 of, and Schedule 5 and paragraph 1(2) of Schedule 6 to, the Local Government (Scotland) Act 1973.
 
      (4) Nothing in subsection (2)(a) authorises the transfer to the Commission of any power of the Scottish Ministers to make orders under any of the provisions mentioned in subsection (3).
 
      (5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Scotland shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
 
      (6) The Scottish Commission shall cease to exist at such time as the Scottish Ministers, being satisfied that the Scottish Commission have no further functions, by order direct.
 
      (7) An order under subsection (1) or (6) may include provision for the transfer to the Commission-
 
 
    (a) of the staff of the Scottish Commission, and
 
    (b) of any property (including rights and interests of any description) and liabilities to which the Scottish Commission are entitled or subject;
  and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property or liabilities otherwise than by the order.
 
      (8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Scottish Commission were established or constituted.
 
      (9) Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
 
      (10) Any power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
 
      (11) The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any functions in consequence of an order made under subsection (1).
 
Transfer of functions of Local Government Boundary Commission for Wales.     20. - (1) The National Assembly for Wales may by order make provision for and in connection with transferring (to any extent) to-
 
 
    (a) the Commission, or
 
    (b) the Boundary Committee for Wales,
  any of the functions of the Local Government Boundary Commission for Wales (in this section referred to as "the Welsh Commission").
 
      (2) An order under subsection (1) may make provision for-
 
 
    (a) transferring (to any extent) any relevant function of the National Assembly for Wales ("the Assembly") to the Commission;
 
    (b) terminating (to any extent) any relevant function of the Assembly or the Welsh Commission without transferring it to the Commission or the Boundary Committee for Wales;
 
    (c) modifying (to any extent) any relevant function of the Assembly;
 
    (d) preventing the Assembly from exercising any relevant function (including one so modified) unless the Assembly has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising the Assembly to seek such advice in connection with the exercise of any such function;
 
    (e) modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for Wales.
      (3) In subsection (2) "relevant function" means (subject to subsection (4)) a function under-
 
 
    (a) section 30(3) or (4) or 31(3) of the Local Government Act 1972 (restriction on community applications during and after reviews), or
 
    (b) any of sections 54 to 60, 69 and 71 of, or paragraph 1A of Schedule 11 to, that Act (local government changes in Wales).
      (4) Nothing in subsection (2) authorises the transfer to the Commission of any power of the Assembly under any of the provisions mentioned in subsection (3)(b) to make orders other than those effecting alterations in electoral arrangements within the meaning of Part IV of the Local Government Act 1972; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.
 
      (5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Wales shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
 
      (6) The Welsh Commission shall cease to exist at such time as the National Assembly for Wales, being satisfied that they have no further functions to perform, by order directs.
 
      (7) An order under subsection (1) or (6) may include provision for the transfer to the Commission-
 
 
    (a) of the staff of the Welsh Commission, and
 
    (b) of any property, rights and liabilities to which the Welsh Commission are entitled or subject;
  and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
 
      (8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Welsh Commission were established or constituted.
 
      (9) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments).
 
      (10) Nothing in this section shall be read as affecting the generality of subsection (9).
 
      (11) Any power of the National Assembly for Wales to make an order under this section shall be exercisable by statutory instrument.
 
      (12) The expenditure of the Commission, so far as attributable to the exercise of any functions in consequence of an order under subsection (1), shall be met by the National Assembly for Wales.
 
 
Supplementary
Interpretation of Part I.     21. In this Part "financial year", in relation to the Commission, means a period of 12 months ending with 31st March; but the first financial year of the Commission is the period beginning with the date of the establishment of the Commission and ending with the next 31st March.
 
 
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