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

(The document as of February, 2008)

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(a) aims and objectives for the period of five years beginning with the financial year to which the estimate relates, and

(b) estimated requirements for resources during that five-year period.

(2) The Speaker's Committee shall--

(a) examine each plan submitted to them;

(b) decide whether they are satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions; and

(c) if they are not so satisfied, shall make such modifications to the plan as they consider appropriate for the purpose of achieving such consistency.

(3) Before deciding whether they are so satisfied or making any such modifications, the Speaker's Committee shall--

(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 16 and to any recommendations contained in that report; and

(b) consult the Treasury and have regard to any advice which the Treasury may give.

(4) The Speaker's Committee shall, after concluding their examination and making their modifications (if any) to the plan, lay the plan before the House of Commons.

(5) If the Speaker's Committee, in the discharge of their functions under this paragraph--

(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General,

(b) do not follow any advice given to them by the Treasury, or

they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.

Annual examination of Commission by Comptroller and Auditor General

16 (1) For the purpose of assisting the Speaker's Committee to discharge their functions under paragraphs 14 and 15 the Comptroller and Auditor General shall in each year--

(a) carry out an examination into the economy, efficiency or effectiveness (or, if he so determines, any combination thereof) with which the Commission have used their resources in discharging their functions (or, if he so determines, any particular functions of theirs);

(b) report to the Speaker's Committee the results of the examination; and

(2) Section 8 of the [1983 c. 44.] National Audit Act 1983 (right to obtain documents and information) shall apply in relation to any examination under this paragraph as it applies in relation to an examination under section 6 of that Act.

Accounts

17 (1) The Commission shall keep proper accounting records.

(2) The Commission shall, for each financial year, prepare accounts in accordance with directions given to the Commission by the Treasury.

(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to--

(a) the information to be contained in the accounts and the manner in which it is to be presented,

(b) the methods and principles in accordance with which the accounts are to be prepared, and

Audit

18 (1) The accounts prepared by the Commission for any financial year shall be submitted by the Commission to--

(a) the Comptroller and Auditor General, and

(b) the Speaker's Committee,

as soon after the end of the financial year as may be practicable.

(2) The Comptroller and Auditor General shall--

(a) examine and certify any accounts submitted to him under this paragraph, and

(b) lay before each House of Parliament a copy of the accounts as certified by him together with his report on them.

Accounting officer

19 (1) The Speaker's Committee shall designate a member of the Commission's staff to be the Commission's accounting officer.

(2) The Commission's accounting officer shall have, in relation to the Commission's accounts and finances, the responsibilities that are from time to time specified by the Speaker's Committee.

(3) In this paragraph references to responsibilities include in particular--

(a) responsibilities in relation to the signing of accounts;

(b) responsibilities for the propriety and regularity of the Commission's finances; and

(4) The responsibilities which may be specified under this paragraph include responsibilities owed to the Commission, the Speaker's Committee or the House of Commons or its Committee of Public Accounts.

(5) In this paragraph any reference to the Public Accounts Committee of the House of Commons shall, if--

(a) the name of the Committee is changed, or

(b) the functions of the Committee at the passing of this Act (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons,

be taken to be references to the Committee by its new name or (as the case may be) to the committee by whom the functions are for the time being exercisable.

(6) The Secretary of State may designate any member of the Commission's staff or other person to be the Commission's accounting officer until such time as the first designation made under sub-paragraph (1) takes effect.

Reports

20 (1) The Commission shall, as soon after the end of each financial year as may be practicable, prepare and lay before each House of Parliament a report about the performance of the Commission's functions during that financial year.

(2) The Commission shall, on so laying such a report, publish the report in such manner as they determine.

Notification of Commission regulations

21 (1) If the Commission make any regulations, they must give a copy to the Secretary of State without delay.

(2) If the Commission alter or revoke any regulations, they must give notice to the Secretary of State without delay.

(3) Notice of an alteration must include details of the alteration.

Regulation-making instruments

22 (1) Any power conferred on the Commission to make regulations is exercisable in writing.

(2) An instrument by which regulations are made by the Commission ("a regulation-making instrument") must specify the provision under which the regulations are made.

(3) To the extent to which a regulation-making instrument does not comply with sub-paragraph (2), it is void.

(4) Immediately after a regulation-making instrument is made, it must be printed and made available to the public.

(5) The Commission may charge a reasonable fee for providing a person with a copy of a regulation-making instrument.

(6) A person is not to be taken to have contravened any regulation made by the Commission if he shows that at the time of the alleged contravention the regulation-making instrument concerned had not been made available in accordance with this paragraph.

(7) Any power of the Commission to make regulations includes power to make different provision for different cases.

Verification of regulations

23 (1) The production of a printed copy of a regulation-making instrument purporting to be made by the Commission--

(a) on which is endorsed a certificate signed by a member of the Commission's staff authorised by the Commission for that purpose, and

(b) which contains the required statements,

is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.

(2) The required statements are--

(a) that the instrument was made by the Commission;

(b) that the copy is a true copy of the instrument; and

(3) A certificate purporting to be signed as mentioned in sub-paragraph (1) is to be taken to have been properly signed unless the contrary is shown.

(4) A person who wishes in any legal proceedings to rely on a regulation-making instrument may require the Commission to endorse a copy of the instrument with a certificate of the kind mentioned in sub-paragraph (1).

Documentary evidence

24 A document purporting to be--

(a) duly executed under the seal of the Commission, or

(b) signed on behalf of the Commission or a Boundary Committee,

shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.

Interpretation

25 In this Schedule "delegate" includes further delegate.

Section 2.

SCHEDULE 2 The Speaker's Committee

Reports

1 (1) The Speaker's Committee shall, at least once in each year, make to the House of Commons a report on the exercise by the Committee of their functions.

(2) For the purposes of the law of defamation the publication of any matter by the Speaker's Committee in making such a report shall be absolutely privileged.

Term of office of Committee members

2 (1) In this paragraph "appointed member" means a member of the Speaker's Committee other than--

(a) the Speaker of the House of Commons;

(b) the member who is the Chairman of the Home Affairs Committee of the House of Commons; or

(2) An appointed member shall cease to be a member of the Speaker's Committee if--

(a) he ceases to be a Member of the House of Commons; or

(b) another person is appointed to be a member of the Committee in his place.

(3) An appointed member may resign from the Committee at any time by giving notice to the Speaker.

(4) Subject to sub-paragraphs (2) and (3), an appointed member shall be a member of the Committee for the duration of the Parliament in which he is appointed.

(5) An appointed member may be re-appointed (or further re-appointed) to membership of the Committee.

Committee proceedings

3 (1) The Speaker's Committee may determine their own procedure.

(2) The validity of any proceedings of the Committee shall not be affected by--

(a) any vacancy among, or

(b) any defect in the appointment of any of,

the members of the Committee.

(3) The Committee may appoint a member of the Committee to act as chairman at any meeting of the Committee in the absence of the Speaker.

Section 16.

SCHEDULE 3 Transfer of functions of Boundary Commissions

Part I Amendments of Parliamentary Constituencies Act 1986

Preliminary

1 The [1986 c. 56.] Parliamentary Constituencies Act 1986 shall be amended as follows.

Duty to keep under review, and report on, parliamentary representation

2 (1) Section 3 (reports of the Commissions) shall be amended as follows.

(2) In subsection (1), for the words from "Each Boundary Commission" to "the whole of that part" there shall be substituted "The Electoral Commission shall keep under review the representation in the House of Commons of each of England, Scotland, Wales and Northern Ireland and shall, in accordance with subsection (2) below, submit to the Secretary of State separate reports with respect to the whole of each of those parts".

(3) For subsection (2) there shall be substituted--

" (2) Reports under subsection (1) with respect to a particular part of the United Kingdom shall be submitted by the Electoral Commission not less than eight nor more than twelve years from the date of the last report under that subsection with respect to that part of the United Kingdom. "

(4) In subsection (2A), for "a Boundary Commission" there shall be substituted "the Electoral Commission".

(5) In subsection (3)--

(a) for "Any Boundary Commission" there shall be substituted "The Electoral Commission"; and

(b) for "the part of the United Kingdom with which they are concerned" there shall be substituted "any part of the United Kingdom".

(6) In subsection (4), for "a Boundary Commission" there shall be substituted "the Electoral Commission".

(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 an Order in Council for giving effect to the recommendations contained in the report. "

(8) In subsection (7)--

(a) for "a Boundary Commission under subsection (1) above" there shall be substituted "the Electoral Commission under subsection (1) above with respect to a particular part of the United Kingdom";

(b) for "of the Commission under subsection (1) above" there shall be substituted "under subsection (1) above with respect to that part of the United Kingdom"; and

(c) for "a Boundary Commission publishing" there shall be substituted "a Boundary Committee publishing under section 5 below".

(9) For the sidenote for section 3 there shall be substituted "Reports of the Electoral Commission."

(10) In section 3(2) and (7), as amended by this paragraph, any reference to a previous report under section 3(1) with respect to a particular part of the United Kingdom includes a reference to such a report which, at any time before the coming into force of this paragraph in relation to that part, was made with respect to that part by one of the Boundary Commissions constituted under the Act.

Functions of Boundary Committees

3 After section 3 there shall be inserted--

" 3A Reviews and proposed recommendations by Boundary Committees

(1) Where the Electoral Commission intend to consider making a report under this Act ("the section 3 report") with respect to--

(a) a particular part of the United Kingdom, or

(b) any area comprised in a particular part of the United Kingdom,

the Boundary Committee for that part of the United Kingdom shall (subject to subsection (4) below) carry out a review in accordance with this Act for the purpose of enabling them to submit to the Electoral Commission proposals as to the recommendations to be included in the section 3 report.

(2) Once the Boundary Committee have carried out a review under subsection (1) above, they shall accordingly submit to the Electoral Commission a report containing the recommendations which the Committee propose should be included in the section 3 report in the light of the review.

(3) Where the Electoral Commission have received a report of a Boundary Committee under subsection (2) above, the Commission may--

(a) accept in full the proposed recommendations contained in that report and include them in the section 3 report;

(b) accept those proposed recommendations subject to modifications agreed with the Committee and include them, as so modified, in the section 3 report;

(i) require the Committee to reconsider their proposed recommendations with a view to deciding whether to submit a further report under subsection (2) above containing different proposed recommendations,

(ii) require the Committee to carry out a fresh review under subsection (1) above with respect to the whole, or any specified part, of the area which was the subject of the original review, or

(iii) (in the case only of a review carried out for the purposes of a report under section 3(3) above) take no further action.

(4) A Boundary Committee shall, in or in connection with the exercise or performance of their powers or duties under this Act, comply with any directions given to them by the Commission (so far as consistent with the rules set out in paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7)).

(5) In this Act--

(a) "Boundary Committee" means a Boundary Committee established by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000; and

(b) "recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required. "

Implementation of Commission's reports

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.

Notices relating to proposed reports or recommendations

5 For section 5 there shall be substituted--

" 5 Notices relating to proposed reports or recommendations

(1) Where the Electoral Commission intend to consider making a report under this Act, they shall inform the Secretary of State accordingly by notice in writing; and a copy of the notice shall be published--

(a) in the London Gazette, if the report would be with respect to England or Wales (or an area comprised therein);

(b) in the Edinburgh Gazette, if the report would be with respect to Scotland (or an area comprised therein); and

(2) Where a Boundary Committee have provisionally determined proposed recommendations affecting any constituency which they are minded to include in a report under section 3A(2) above, they shall publish in at least one newspaper circulating in the constituency a notice stating--

(a) the effect of the proposed recommendations and (except where their effect is that no alteration should be made in respect of the constituency) that a copy of the recommendations is open to inspection at a specified place in the constituency; and

(b) that representations with respect to the proposed recommendations may be made to the Boundary Committee within one month after publication of the notice;

and the Boundary Committee shall take into consideration any representations duly made in accordance with any such notice.

(3) Where a Boundary Committee revise any proposed recommendations after publishing a notice of them under subsection (2) above, the Committee shall comply again with that subsection in relation to the revised recommendations, as if no earlier notice had been published.

(4) Where the Electoral Commission are minded to exercise in relation to a Boundary Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) above, they shall have regard to--

(a) any representations duly made with respect to the recommendations in accordance with a notice published under subsection (2) above; or

(b) (where they are minded to exercise any of those powers in relation to part only of the area subject to the Committee's review) any representations so made with respect to the recommendations so far as relating to that part of that area.

(5) Where a Boundary Committee's proposed recommendations affecting any constituency have been modified by the Electoral Commission under section 3A(3)(b) above, the Boundary Committee shall publish in at least one newspaper circulating in the constituency a notice stating the effect of those recommendations as so modified. "

Local inquiries

6 (1) Section 6 (local inquiries) shall be amended as follows.

(2) In subsection (1), for "A Boundary Commission" there shall be substituted "In connection with carrying out any review under section 3A(1) above a Boundary Committee".

(3) In subsection (2)--

(a) for "recommendation of a Boundary Commission" there shall be substituted "proposed recommendation of a Boundary Committee";

(b) for "the Commission", in both places, there shall be substituted "the Committee"; and

(4) In subsection (3), for "Commission" there shall be substituted "Committee".

(5) After subsection (4) there shall be inserted--

" (4A) Where a Boundary Committee have caused a local inquiry to be held in pursuance of this Act, the Committee shall take into consideration the findings of the inquiry.

(4B) Where a Boundary Committee have caused a local inquiry to be held in pursuance of this Act 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) above, the Electoral Commission shall have regard to--

(a) the findings of the inquiry; or

(b) (where they are minded to exercise any of those powers in relation to part only of the area which was the subject of the Committee's review) the findings of the inquiry so far as relating to that part of that area. "

(6) In subsections (5) to (7), for "Commission", wherever occurring, there shall be substituted "Committee".

Rules for redistribution of seats

7 (1) Schedule 2 (rules for redistribution of seats) shall be amended as follows.

(2) In paragraph 1(4), for "the Boundary Commission" there shall be substituted "the Electoral Commission or (as the case may be) the Boundary Committee".

(3) In paragraph 5, for "a Boundary Commission" there shall be substituted "the Electoral Commission or (as the case may be) a Boundary Committee".

(4) In paragraph 6, for "A Boundary Commission" there shall be substituted "The Electoral Commission or (as the case may be) a Boundary Committee".

(5) In paragraph 7, for "a Boundary Commission" there shall be substituted "the Electoral Commission or (as the case may be) a Boundary Committee".

(6) In paragraph 8--

(a) the words "for which there is a Boundary Commission" shall be omitted; and

(b) for "report of a Boundary Commission" there shall be substituted "report of the Electoral Commission (or one made by a Boundary Committee for the purposes of it)".

Part II Amendments of other Acts

Government of Wales Act 1998 (c. 38)

8 Schedule 1 to the Government of Wales Act 1998 (Assembly constituencies and Assembly regions) shall be amended as follows.

9 For paragraph 4 there shall be substituted--

" 4 (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. "

10 (1) Paragraph 5 (notices of proposed recommendations) shall be amended as follows.

(2) In sub-paragraph (1), for "paragraph 4, the Commission have provisionally determined to make" there shall be substituted "paragraph 4(1), the Committee have provisionally determined to propose (in pursuance of paragraph 4(2))".

(3) In sub-paragraph (2)--

(a) for "the Commission propose to recommend" there shall be substituted "their effect is"; and

(b) for "to the Commission" there shall be substituted "to the Committee".

(4) In sub-paragraphs (3) to (5), for "the Commission", wherever occurring, there shall be substituted "the Committee".

(5) After sub-paragraph (5) there shall be inserted--

" (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.

(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. "

11 (1) Paragraph 6 (local inquiries) shall be amended as follows.

(2) In sub-paragraph (1) for "The Commission" there shall be substituted "For the purposes of this Schedule the Committee".

(3) In sub-paragraph (2)--

(a) for "the Commission", wherever occurring, there shall be substituted "the Committee"; and

(b) for "make the recommendation" there shall be substituted "proceed with the proposed recommendation".

(4) In sub-paragraphs (3) and (5), for "the Commission", wherever occurring, there shall be substituted "the Committee".

(5) After sub-paragraph (5) there shall be added--

" (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. "

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