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Lord Bach moved Amendments Nos. 31 to 33:



("(7) For subsection (5) there shall be substituted--
"(5) As soon as practicable after the Electoral Commission have submitted a report to the Secretary of State under this Act, he shall lay before Parliament--
(a) the report; and
(b) (except where the report states that no alteration is required to be made in respect of the part of the United Kingdom to which it relates) the draft of anOrder in Council for giving effect to the recommendations contained in the report."").


    Page 133, line 2, leave out paragraph 4 and insert--


("4.--(1) Section 4 (Orders in Council) shall be amended as follows.
(2) In subsection (1), for the words from ", whether with or without modifications," to "Boundary Commission" there shall be substituted "to the recommendations contained in a report of the Electoral Commission under this Act".
(3) Subsection (2) (draft Order implementing recommendations with modifications) shall be omitted.").


    Page 136, line 47, leave out from ("for") to end of line 48 and insert ("the words from ", with or without modifications," to "the Commission" there shall be substituted "to the recommendations contained in a report of the Electoral Commission".").

On Question, amendments agreed to.

Clause 16 [Transfer of property etc. of the Boundary Commissions]:

The Deputy Speaker (Lord Lyell): My Lords, if Amendment No. 34 is agreed to, I shall not be able to call Amendment No. 35.

Lord Bach moved Amendment No. 34:


    Page 11, line 41, leave out ("in accordance with section (Boundary Commissions: transfer of functions)") and insert ("by virtue of section 15(1)").

On Question, amendment agreed to.

[Amendment No. 35 not moved.]

20 Nov 2000 : Column 628

Clause 17 [Transfer of functions of Local Government Commission for England]:

Lord Bach moved Amendments Nos. 36 and 37:


    Page 12, line 6, after ("transferring") insert ("(to any extent)").


    Page 12, line 10, at end insert--


("(1A) 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.
(1B) In subsection (1A) "relevant function" means (subject to subsection (1C)) 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).
(1C) Nothing in subsection (1A) authorises the transfer to the Commission of any power of the Secretary of State under any of the provisions mentioned in subsection (1B)(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 (1A) include functions with respect to the making of orders by statutory instrument.").

On Question, amendments agreed to.

[Amendment No. 38 not moved.]

Lord Bach moved Amendment No. 39:


    Page 12, line 29, at end insert--


("(6) 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).").

On Question, amendment agreed to.

Clause 18 [Transfer of functions of Local Government Boundary Commission for Scotland]:

Lord Bach moved Amendments Nos. 40 to 42:


    Page 12, line 31, after ("transferring") insert ("(to any extent)").


    Page 12, line 35, at end insert--


("(1A) An order under subsection (1) may make provision for--
(a) transferring (to any extent) any relevant function of the Scottish Ministers to the Commission;

20 Nov 2000 : Column 629


(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.
(1B) In subsection (1A) "relevant function" means (subject to subsection (1C)) 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.
(1C) Nothing in subsection (1A)(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 (1B).").


    Page 13, line 20, leave out ("of the functions transferred by") and insert ("functions in consequence of").

On Question, amendments agreed to.

Clause 19 [Transfer of functions of Local Government Boundary Commission for Wales]:

Lord Bach moved Amendments Nos. 43 to 46:


    Page 13, line 23, after ("transferring") insert ("(to any extent)").


    Page 13, line 27, at end insert--


("(1A) 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.
(1B) In subsection (1A) "relevant function" means (subject to subsection (1C)) 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).
(1C) Nothing in subsection (1A) authorises the transfer to the Commission of any power of the Assembly under any of the provisions mentioned in subsection (1B)(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 (1A) include functions with respect to the making of orders by statutory instrument.").

20 Nov 2000 : Column 630


    Page 14, line 3, at end insert--


("( ) Nothing in this section shall be read as affecting the generality of subsection (6).").


    Page 14, line 7, leave out ("transferred by") and insert ("in consequence of").

On Question, amendments agreed to.


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