HL Deb 16 October 1969 vol 304 cc1544-6

Clause 1, page 1, line 9, leave out from "1969" to end of line 2 on page 3 and insert—

"(1A) Subject to subsection (1) above, the Secretary of State, on or before 31st March 1970, shall, in respect of each report of a Boundary Commission submitted under section 2 (1) of the Redistribution of Seats Act in the year 1969, lay before Parliament the draft Order in Council required by section 2 (5) of that Act.

(1B) On compliance with subsection (1A) above in relation to any report of a Boundary Commission the Secretary of State shall be relieved of any penalties imposed on him in respect of his breach, in respect of that report, of the duty imposed by section 2 (5) of that Act to lay a draft Order in Council before Parliament at the same time as he laid the report, and to do so as soon as may be after the report was submitted to him.

(1C) Where subsection (1B) above has effect in relation to a report, any proceedings pending against the Secretary of State in the Supreme Court of Judicature, the Court of Session, the High Court in Northern Ireland or the House of Lords shall, so far as they relate to breaches of duty by the Secretary of State in respect of that report, be treated as stayed.

(1D) Nothing in this section shall affect any order for costs made against the Secretary of State at any previous time, or the power to make any order for costs at any future time.'"

The Commons disagreed to this amendment but propose the following amendment in lieu:—

Page, 1 line 9, leave out from "1969" to end of line 2 on page 3 and insert—

"; but, unless effect is given under and in accordance with the following provisions of this Act to the report so submitted by a Boundary Commission—

  1. (a) subsections (2) to (6) below shall apply for the acceleration of their next general report under section 2 (1) of that Act; and
  2. (b) subject to the provisions of this Act relating to Greater London, no report shall be submitted by them under section 2 (3) of that Act before the submission of their next general report.

(2) Notwithstanding anything in section 2 (1) of the 1958 Act, a Boundary Commission shall proceed forthwith to take into consideration the making of their next general report if Her Majesty by Order in Council so directs, and the report shall be submitted to the Secretary of State within four years after the coming into force of the Order or within such reduced period as effect is so given to it, the provision made by this Act for the acceleration of their next general report and for precluding the submission by them of reports under section 2 (3) of that Act shall not apply.

(8) The Secretary of State may at any time before the end of March 1970 lay before Parliament the draft of an Order in Council for giving effect whether with or without modifications, to the recommendations contained in the report so submitted by the Boundary Commission for Scotland or for Northern Ireland, if it appears to him reasonable so to do notwithstanding any proposals for local government reorganisation in Scotland or Northern Ireland.

(9) Subject to the provisions of this Act relating to Greater London, the Secretary of State shall before the end of March 1972 lay before Parliament the draft of an Order in Council for giving effect, whether with or without modifications, to the recommendations contained in the report so submitted by the Boundary Commission for any part of the United Kingdom (other than a report to which effect has been given by virtue of the last foregoing subsection), if it appears to him that, by reason of the continuing prospect of local government reorganisation, it is not practicable to accelerate in accordance with this Act the next general report of that Commission.

(10) Section 3 (2) to (6) of the Redistribution of Seats Act shall apply as if a draft Order in Council laid before Parliament under either of the two foregoing subsections were laid under section 2 (5) of that Act".

The Commons proposed the following consequential Amendments to the Bill:

To divide Clause 1 into two Clauses, the first to consist of subsections (1) to (6) inclusive, and the second to consist of subsections (7) to (10) inclusive.

Clause 4, page 4, line 40, at end insert— ( ) Any reference in this Act to local government reorganisation shall be construed as a reference to the introduction for any part of the United Kingdom of new arrangements for local government."