§ 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—
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 13 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".
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§
(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—
(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."
§ 12. In paragraph 7 (reports)—
- (a) for "the Commission", wherever occurring, there shall be substituted "the Electoral Commission";
- (b) in sub-paragraph (1)(a), after "constituencies" there shall be inserted "in Wales"; and
- (c) in sub-paragraph (1)(b), at the end there shall be added "relating to any constituency or constituencies in Wales."
§ 13. In paragraph 8 (the rules), for "Commission", wherever occurring, there shall be substituted "Electoral Commission or (as the case may be) the Committee".
§ 14. In paragraph 9(1) (Orders in Council), for "the Commission" there shall be substituted "the Electoral Commission".
§ 15. In paragraph 10 (interpretation)—
- (a) for "the Commission", wherever occurring, there shall be substituted "the Electoral Commission"; and
- (b) at the end there shall be added—
§ "(3) Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate for an Assembly electoral region in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission."
§
16. In paragraph 11 (definitions)—
(a) for the definition of "the Commission" there shall be substituted—
"the Committee" means the Boundary Committee for Wales (as defined by paragraph 4(4));"; and.
(b) after that definition there shall be added—
"recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required.
§ Scotland Act 1998 (c. 46)
§ 17. Schedule 1 to the Scotland Act 1998 (constituencies, regions and regional members) shall he amended as follows.
§ 18. In paragraph 3 (reports of Boundary Commission for Scotland), for sub-paragraph (1) and the cross-heading preceding it there shall be substituted—
§ "Reports of Electoral Commission
§ 3.—(1) This paragraph applies where the Electoral Commission ("the Commission") submit a report to the Secretary of State under section 3(1) or (3) of the 1986 Act recommending any alteration in any parliamentary constituencies in Scotland."
§ 19. After paragraph 4 there shall be inserted—
§ "Proposed recommendations by Boundary Committee for Scotland
§ 4A.—(1) When the Boundary Committee for Scotland 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 alteration in any parliamentary constituencies in Scotland, the Committee shall consider whether any alteration within paragraph 3(2) would be required to be made in order to give effect to the rules in paragraph 7.
§ (2) Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which the Committee propose should be included in the Electoral Commission's section 3 report in the light of the Committee's consideration of the question mentioned in that sub-paragraph.
§ (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 7.
§
(4) In this paragraph—
the Boundary Committee for Scotland" means the Committee of that name established by the Electoral Commission under section 13 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.
§ 20.—(1) Paragraph 5 (notices of proposed recommendations) shall be amended as follows.
§ (2) In sub-paragraph (1)—
- (a) for "the Commission have provisionally determined to make" there shall be substituted "the Committee have provisionally determined to propose (in pursuance of paragraph 4A(2))";
- (b) for "they propose to recommend" there shall be substituted "their effect is"; and
- (c) for "to the Commission" and "the Commission shall" there shall be substituted "to the Committee" and "the Committee shall" respectively.
§ (3) In sub-paragraph (2), for "the Commission", wherever occurring, there shall be substituted "the Committee".
§
(4) After sub-paragraph (2) there shall be inserted—
(3) 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 4A(3) above) they shall have regard to—
§ (4) 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 4A(3) above), the Committee shall publish in at least one newspaper circulating in the region a notice stating the effect of those recommendations as so modified."
§ 21.—(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
- (h) for "make the recommendation" there shall be substituted "proceed with the proposed recommendation".
§ (4) In sub-paragraph (3), for "the Commission" 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 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."
§ 22. In paragraph 7 (the rules), for "Commission", wherever occurring, there shall be substituted "Electoral Commission or (as the case may be) the Committee".
§ 23. In paragraph 8 (meaning of regional electorate) —
- (a) in sub-paragraph (1), for "the Commission" there shall be substituted "the Electoral Commission"; and
- (b) at the end there shall be added—
§ "(3) Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission."
316§ 24. After paragraph 8 there shall be added—
§ "Interpretation
§
9. In this Schedule——
the 1986 Act" means the Parliamentary Constituencies Act 1986;
the Committee" means the Boundary Committee for Scotland (as defined by paragraph 4A(4));
recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required." ").
§ On Question, amendment agreed to.
§ Schedule 3 [Applications under Part II]:
§
Lord Bassam of Brighton moved Amendments Nos. 94 to 96:
Page 107, line 28, after ("application") insert ("for registration in the Great Britain register").
Page 107, line 31, after ("registered") insert ("in that register").
Page 107, line 32, at end insert—
("( ) An application for registration in the Northern Ireland register must specify either—
( ) If a name to be registered in that register is in a language other than English or Irish, the application must include an English translation.").
§ On Question, amendments agreed to.
§
Lord Bach moved Amendment No. 97:
Page 108, line 19, after ("name") insert ("of the accounting unit and").
§ The noble Lord said: This short amendment plugs a gap in the information to be included against a party's entry in the register of political parties. Where a party is a party with accounting units, the Bill already requires the party to provide the electoral commission with the name of the treasurer of each accounting unit together with the address of the unit's headquarters or, alternatively, an address to which communications may be sent. There is no requirement to give the name of each accounting unit.
§ Without that information a party's entry in the register of political parties will be difficult to follow, not least for the electoral commission which will have to manage the register. The amendment will ensure that sufficient particulars of a party's accounting units are properly recorded in the register so that each one can be readily identified by name. It is this Chamber performing its revising duty. I beg to move.
§ Lord Mackay of ArdbrecknishI cannot resist the temptation to say that I find it remarkable that all this time into the Bill the one thing the Government and the draftsmen have missed out is the name of the accounting unit. The poor old electoral commission would have many treasurers' names and addresses but no indication of the accounting unit responsible. If the Government can make an oversight such as that, is it not possible that they have made an oversight about the need to have another party official involved when the treasurer dies or resigns?
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Lord Bach moved Amendments Nos. 98 to 101:
Page 108, line 38, leave out ("Paragraphs 9 and") and insert ("Paragraph").
Page 108, line 42, leave out ("the following provisions of this Part of this Schedule") and insert ("paragraph 10").
Page 109, leave out lines 1 to 10.
Page 109, line 24, at end insert—
§ ("PART IIA