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Regional Assemblies (Preparations) Bill


Regional Assemblies (Preparations) Bill
Part 2 — Local government reviews

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Implementation

 17    Implementation of recommendations

     (1)    This section applies to a region if—

           (a)           a referendum has been held in the region in pursuance of an order

under section 1, and

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           (b)           the Secretary of State proposes that an elected assembly is established

for the region.

     (2)    The Secretary of State may by order give effect to all or any of the

recommendations of the Boundary Committee for England made to him in

pursuance of a direction under section 13 or 16(4).

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     (3)    Such an order may give effect to a recommendation with or without

modifications.

     (4)    The following provisions of section 17 of the 1992 Act apply for the purposes

of this section as they apply for the purposes of that section—

           (a)           subsection (3), ignoring paragraphs (d), (e), (ea) and (f) and the

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references to subsection (3A) and the Electoral Commission;

           (b)           subsections (4) and (5);

           (c)           subsection (6), ignoring paragraph (c),

            and any reference in those provisions to an order under section 17 of the 1992

Act must be construed for the purposes of this section as a reference to an order

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under this section.

     (5)    If the Secretary of State believes—

           (a)           that there has been a mistake in the preparation of an order under

subsection (2), and

           (b)           that the mistake cannot be rectified by a subsequent order under that

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subsection,

            he may by order make such provision as he thinks is necessary or expedient to

rectify the mistake.

     (6)    The Schedule (which contains amendments consequential on this section) has

effect.

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 18    Application of 1992 Act

     (1)    The provisions of the 1992 Act specified in the left hand column of the Table

apply for the purposes of this Part as they apply for the purposes of Part 2 of

that Act subject to the modifications (if any) specified in the right hand column:

 

Section 18

In subsection (4) for “Electoral Commission”

 

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substitute “Boundary Committee for England”.

 
 

Sections 19 and 20

  
 

Section 21

In subsection (1) for “Electoral Commission”

 
  

substitute “Boundary Committee for England”.

 
 

Sections 22 and 23

  

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Regional Assemblies (Preparations) Bill
Part 3 — Advice of Electoral Commission

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Section 26

So far as it relates to anything done under a

 
  

provision specified in this Table for the purposes

 
  

of this Part.

 
 

     (2)    In the application of those provisions for the purposes of this Part any reference

to—

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           (a)           an order under section 17 of the 1992 Act must be construed as a

reference to an order under section 17 of this Act;

           (b)           an order under Part 2 of the 1992 Act must be construed as a reference

to an order under that Part as applied by subsection (1).

     (3)    Expressions used in this Part and in Part 2 of the 1992 Act have the same

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meaning in this Part as they do in that Part, but references to a local authority

do not include references to a parish council.

     (4)    In this Part the 1992 Act is the Local Government Act 1992 (c. 19).

Electoral Commission

 19    Payments to Electoral Commission

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     (1)    The Secretary of State may pay to the Electoral Commission such amount as he

decides is the amount required by them to enable the Boundary Committee for

England to carry out their functions under this Part.

     (2)    A payment under subsection (1) must be treated as income received by the

Commission for the purposes of paragraph 14(1) of Schedule 1 to the Political

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Parties, Elections and Referendums Act 2000 (c. 41).

Isles of Scilly

 20    Isles of Scilly

     (1)    For the purposes of section 13 the Council of the Isles of Scilly are not a relevant

local authority.

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     (2)    But the Secretary of State may by regulations make such provision as he thinks

appropriate in relation to the Isles of Scilly in consequence of anything done

under or by virtue of this Part.

Part 3

Advice of Electoral Commission

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 21    Advice of the Electoral Commission

     (1)    This section applies in relation to a region if—

           (a)           a referendum has been held in the region in pursuance of an order

under section 1, and

           (b)           the Secretary of State proposes that an elected assembly is established

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for the region.

     (2)    Not later than the end of the period of two years beginning with the day on

which the referendum was held the Secretary of State must give the Electoral

 

 

Regional Assemblies (Preparations) Bill
Part 3 — Advice of Electoral Commission

    14

 

Commission a direction in respect of a region in relation to which this section

applies.

     (3)    A direction under subsection (2) must require the Electoral Commission to give

the Secretary of State advice as to such of the following matters as the Secretary

of State thinks appropriate—

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           (a)           the electoral areas into which the region is to be divided for the

purposes of the election of members to any assembly established

following the referendum;

           (b)           the number of electoral areas;

           (c)           the name by which each electoral area is to be known;

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           (d)           the total number of members to be elected to the assembly.

     (4)    For the purposes of subsection (3) the direction—

           (a)           may specify maximum and minimum numbers or total numbers (as the

case may be);

           (b)           may require the advice to be given in respect of a specified number of

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options.

     (5)    A direction given under this section may be varied (whether or not within the

period of two years mentioned in subsection (2)) by a subsequent direction.

 22    Preparation and submission of advice

     (1)    A direction given to the Electoral Commission under section 21 must specify

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the timetable in accordance with which any thing must be done in connection

with the advice.

     (2)    As soon as is reasonably practicable after receiving a direction the Electoral

Commission must take such steps as they think sufficient to secure that

persons who may be interested in the subject matter of the advice are informed

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of—

           (a)           the direction;

           (b)           the period specified in the timetable within which representations as to

the subject matter must be made to them.

     (3)    Before submitting their advice the Commission must—

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           (a)           take account of any representations made to them as mentioned in

subsection (2)(b);

           (b)           prepare draft advice;

           (c)           take such steps as they think sufficient to secure that persons who may

be interested in the advice are informed of the draft and of the period

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specified in the timetable within which representations as to the draft

advice must be made to them;

           (d)           deposit copies of the draft advice at the principal offices of every county

council and district council in the region;

           (e)           take account of representations made to them as mentioned in

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paragraph (c).

     (4)    Not later than the date specified in the timetable for the submission of their

advice the Commission must—

           (a)           submit their advice to the Secretary of State;

 

 

Regional Assemblies (Preparations) Bill
Part 4 — Funding for regional chambers

    15

 

           (b)           take such steps as they think sufficient to secure that persons who may

be interested in the advice are informed of it and of the period specified

in the timetable within which it may be inspected;

           (c)           deposit copies of the advice at the principal offices of every county

council and district council in the region.

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     (5)    The copies deposited under subsections (3)(d) and (4)(c) must be kept available

for inspection by members of the public at the offices concerned in accordance

with the timetable.

     (6)    If the region to which the advice relates includes the Isles of Scilly the copies

must also be deposited under subsections (3)(d) and (4)(c) at the principal

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office of the Council of the Isles of Scilly, and subsection (5) applies

accordingly.

 23    Electoral Commission exercise of functions

In carrying out their functions under this Part the Electoral Commission must

have regard (in particular) to—

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

           (b)           the need to secure that the number of electors for an electoral area for

an assembly is as near as is reasonably practicable to the number of

electors for the other electoral areas (taking account, where

appropriate, of special geographical considerations);

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           (c)           guidance given by the Secretary of State.

 24    Payments to Electoral Commission

     (1)    The Secretary of State may pay to the Electoral Commission such amount as he

decides is the amount required by them to carry out their functions under this

Part.

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     (2)    A payment under subsection (1) must be treated as income received by the

Commission for the purposes of paragraph 14(1) of Schedule 1 to the Political

Parties, Elections and Referendums Act 2000 (c. 41).

Part 4

Funding for regional chambers

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 25    Funding for regional chambers

     (1)    The Secretary of State may make a grant to any person in respect of

expenditure incurred in connection with the activities of a regional chamber.

     (2)    The grant may be made on such terms as the Secretary of State thinks

appropriate.

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     (3)    The terms may include provision as to—

           (a)           the circumstances in which the grant is to be repaid to the Secretary of

State, and

           (b)           the manner in which that is to be done.

     (4)    A regional chamber is a body designated as such for the regional development

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agency of a region under section 8 of the Regional Development Agencies Act

1998 (c. 45).

 

 

Regional Assemblies (Preparations) Bill
Part 5 — General

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Part 5

General

 26    Enactment establishing assemblies immaterial

For the purposes of this Act it is immaterial whether any enactment confers

power on the Secretary of State to establish elected assemblies for regions.

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 27    Commencement

     (1)    The preceding provisions of this Act come into force at the end of the period of

two months beginning with the day on which it is passed.

     (2)    Subsection (1) does not apply to—

           (a)           Part 2;

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           (b)           Part 4.

 28    Regions

In this Act a region is a region (except London) specified in Schedule 1 to the

Regional Development Agencies Act 1998 (c. 45).

 29    Orders and regulations

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     (1)    A power in this Act to make an order or regulations must be exercised by

statutory instrument.

     (2)    But a statutory instrument must not be made unless a draft of the order or

regulations (as the case may be) has been laid before Parliament and approved

by a resolution of each House.

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     (3)    An order or regulations—

           (a)           may contain such consequential, incidental, supplementary or

transitional provision or savings (including provision amending,

repealing or revoking enactments) as the person making the order or

regulations thinks appropriate;

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           (b)           may make different provision for different purposes.

     (4)    If a draft of an instrument to which subsection (5) applies would apart from

this section be treated for the purposes of the Standing Orders of either House

of Parliament as a hybrid instrument it must proceed in that House as if it were

not such an instrument.

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     (5)    This subsection applies to an instrument made under—

           (a)           Part 1 of this Act;

           (b)           section 17 of this Act;

           (c)           section 129(1) of the Political Parties, Elections and Referendums Act

2000 (c. 41) to the extent that it is made for the purpose of a referendum

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held in pursuance of an order under section 1 of this Act.

 30    Expenditure

     (1)    The following amounts are to be paid out of money provided by Parliament—

 

 

Regional Assemblies (Preparations) Bill
Part 5 — General

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           (a)           any expenditure of a Minister of the Crown in connection with a

referendum held in pursuance of an order under Part 1;

           (b)           any expenditure of the Secretary of State under sections 19, 24 and 25;

           (c)           any expenditure of the Secretary of State in preparation for elected

regional assemblies;

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           (d)           any expenditure of the Secretary of State in connection with the transfer

of any function to such an assembly;

           (e)           any increase attributable to this Act in the sums so payable under any

other enactment.

     (2)    There are to be charged on and paid out of the Consolidated Fund any sums

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required to meet the expenditure of the Electoral Commission under section 10.

 31    Short title

This Act may be cited as the Regional Assemblies (Preparations) Act 2003.

 

 

 
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