iBet uBet web content aggregator. Adding the entire web to your favor.

Link to original content: http://www.legislation.gov.uk/asp/2020/12/section/31/data.xml

http://www.legislation.gov.uk/asp/2020/12/section/31Scottish Elections (Reform) Act 2020An Act of the Scottish Parliament to reform certain aspects of the law relating to Scottish parliamentary and local government elections, including length of terms; to make provision about the role of the Electoral Commission in relation to those elections; to confer functions on the Electoral Management Board for Scotland in relation to Scottish parliamentary elections; to rename and make provision about the Local Government Boundary Commission for Scotland; and for connected purposes.texttext/xmlenStatute Law Database2021-12-07Expert Participation2021-09-29 PART 4 Boundaries ScotlandChanges to local government areas or electoral arrangements: procedure311The Local Government (Scotland) Act 1973 is amended in accordance with subsections (2) to (7).2For section 17 (Commission's reports and their implementation) substitute—Boundaries Scotland's reports and implementation171Boundaries Scotland must submit a report to the Scottish Ministers where it—ahas a power or duty to formulate proposals to the Scottish Ministers, andbhas been conducting a review of—iany area in accordance with section 14 or 15, oriielectoral arrangements in accordance with section 16.2Boundaries Scotland must—ainclude in the report either—ithe proposals it has formulated following the review (or any part of the review), oriia notification that it has no proposals to make following the review (or any part of the review), andbsubmit the report not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16.3Where the report includes a proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).4As soon as practicable after Boundaries Scotland has submitted a report under this section, the Scottish Ministers must—alay the report before the Scottish Parliament, andbif the report proposes an alteration to any local government area or to any electoral arrangements, either—iby regulations give effect to those proposals, oriilay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations giving effect to those proposals (“draft instrument”), in the case where the regulations are subject to the affirmative procedure.5Regulations under subsection (4)(b) are subject to the affirmative procedure if they—aabolish or alter the boundaries of—iany local government area,iiany electoral ward, orbincrease or decrease the number of councillors to be returned in any electoral ward.6If the draft instrument is withdrawn, or if the motion for the approval of the draft instrument is rejected by the Scottish Parliament, the Scottish Ministers must either—aamend the draft instrument to make such minor or technical alterations as they consider appropriate (“amended draft instrument”) and lay the amended draft instrument before the Scottish Parliament, orbnotify Boundaries Scotland that it is required to conduct a further review of the proposals in accordance with section 17A.7As soon as reasonably practicable after laying for approval the amended draft instrument in accordance with subsection (6)(a), the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft instrument.8The Scottish Ministers must not withdraw a draft instrument or an amended draft instrument laid before the Scottish Parliament under subsection (4)(b)(ii) or, as the case may be, (6)(a) except with the agreement of the Scottish Parliament.9If the Scottish Parliament approves—aa draft instrument laid before it by the Scottish Ministers under subsection (4)(b)(ii), orban amended draft instrument laid before it by the Scottish Ministers under subsection (6)(a),the Scottish Ministers must make the regulations contained in the draft instrument or, as the case may be, the amended draft instrument.10The Scottish Ministers may lay before the Scottish Parliament under paragraph (b)(ii) of subsection (4) more than one draft Scottish statutory instrument containing regulations giving effect to proposals referred to in that subsection.11Accordingly, the references in subsections (6) to (8) to a draft instrument or an amended draft instrument include references to more than one draft instrument or amended draft instrument.Further reviews and reports by Boundaries Scotland17A1Boundaries Scotland must conduct a further review of proposals to alter any local government area or electoral arrangements where it has been notified by the Scottish Ministers under section 17(6)(b).2Boundaries Scotland may determine the manner and the extent of the review under this section, provided that the purpose of the review is to—aconsider the representations (if any) of the Scottish Parliament, andbreconsider the proposals and make any further or supplementary proposals as it thinks fit.3Sections 18 (except subsections (2) and (3)) and 19 apply to a review under this section as they apply to a review under section 17 (but subject to the modification in subsection (4)).4The modification is that the reference in subsection (2A) of section 18 to a consultation under subsection (2)(a) of that section is to be read as if it were a reference to any consultation carried out by Boundaries Scotland in connection with a review under this section.5Boundaries Scotland may take such steps under section 18(3) as it thinks fit in relation to a review under this section.6Boundaries Scotland must—abefore such date as the Scottish Ministers may direct, or in the absence of such direction, within such reasonable time as it may determine, submit a report to the Scottish Ministers on its further review under this section, andbinclude in the report either—iany further or supplementary proposals it has formulated following the review, oriia notification that it has no further or supplementary proposals to make.7Where the report includes a further or supplementary proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).8Subsections (4) to (9) of section 17 apply to a report submitted under this section as they apply to a report submitted under section 17.9But where a report has already been submitted under this section, the Scottish Ministers may notify Boundaries Scotland under subsection (6)(b) of section 17 that it is required to conduct a further review only if the Scottish Parliament has by resolution directed them to do so.10A further review under this section is to be disregarded for the purposes of calculating the intervals between reviews under this Part..3In section 18(3)(b) (procedure for reviews)—afor “an order giving effect, with or without modifications,” substitute “ regulations giving effect ”,bthe words from “or, as the case may be” to the end of that paragraph are repealed.4In section 24 (consequential and transitional arrangements)—ain subsection (1) for “orders” substitute “ regulations ”,bin subsection (4)—ifor “An order” substitute “ Regulations ”,iifor “order” substitute “ regulations ”,cin subsection (5) for “order”, in each place where it occurs, substitute “ regulations ”.5In section 25(1) (transitional agreements as to property and finance)—afor “order”, in the first place where it occurs, substitute “ regulations ”,bfor “an order” substitute “ regulations ”.6In section 26 (variation and revocation)—afor subsection (1) substitute—1The power conferred by section 233 to vary and revoke orders under this Act is to be read to apply to regulations under this Part but modified to apply only in relation to any supplementary provision contained in any such regulations, and regulations varying or revoking any such provision may be made only after compliance with subsections (2) and (3).,bin subsection (2), for “order”, in both places where it occurs, substitute “ regulations ”,cin subsection (3), for “an order” substitute “ regulations ”,din subsection (4), for “a draft order” substitute “ draft regulations ”,ein subsection (5) for “an order” substitute “ regulations ”.7The title of section 26 becomes “ Variation and revocation of regulations under Part 2 ”.8In section 1 of the Local Governance (Scotland) Act 2004 (electoral wards)—ain subsection (2), for “order”, in the first place where it occurs, substitute “ regulations ”,bin subsection (2A), for “an order” substitute “ regulations ”.S. 31 in force at 14.5.2021 by S.S.I. 2021/124, reg. 2, sch. (with reg. 3)