Office of Public Sector Information

Part 3 Advice of Electoral Commission

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 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 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—

(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;

(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 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 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 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—

(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 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 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;

(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.

(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 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—

(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);

(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.

(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).