Scottish Parliament (Constituencies) Act 2004

Constituencies and regions

1

• (1) For Schedule 1 to the Scotland Act 1998 (c. 46) (which makes provision about constituencies, regions and regional members of the Scottish Parliament) there is substituted the Schedule set out in Schedule 1 below.

• (2) Until the appropriate date, Schedule 1 to that Act as so substituted has effect subject to the modifications set out in Schedule 2 below.

• (3) The appropriate date is the date of commencement of section 16 of the Political Parties, Elections and Referendums Act 2000 (c. 41) for the purpose of—

• (a) transferring the functions of the Boundary Commission for Scotland to the Electoral Commission, and

• (b) conferring functions on the Boundary Committee for Scotland.

• (4) But paragraphs 3 to 14 of Schedule 1 to the Scotland Act 1998 as so substituted or as so substituted and modified (as the case may be) have no effect until 30 June 2007.

• (5) Paragraphs 17 to 24 of Schedule 3 to the Political Parties, Elections and Referendums Act 2000 are repealed.

Current reviews

2

Schedule 3 has effect.

Expenditure

3

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums so payable under any other enactment.

Short title

4

This Act may be cited as the Scottish Parliament (Constituencies) Act 2004.

SCHEDULE 1

SCHEDULE 2

Electoral Commission and Boundary Committee for Scotland

1

Any reference to the Electoral Commission or to the Boundary Committee for Scotland (or to both) must be construed as a reference to the Boundary Commission for Scotland.

Review and proposed recommendations by Boundary Committee for Scotland

2

Paragraph 5 must be ignored.

Notice of proposed report or recommendation

3

• (1) Paragraph 7 is modified as follows.

• (2) For sub-paragraph (2) there is substituted the following sub-paragraph—

(2) If the Boundary Commission for Scotland have provisionally determined to make recommendations affecting a constituency they must publish in at least one newspaper circulating in the constituency a notice stating— (a) the effect of the recommendations and (except if the 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 Commission before the end of the period of one month starting the day after the notice is published.

• (3) Sub-paragraphs (5) and (6) must be ignored.

4

• (1) Paragraph 8 is modified as follows.

• (2) For sub-paragraph (1) there is substituted the following sub-paragraph—

(1) This paragraph applies if the Boundary Commission for Scotland provisionally determine to make recommendations which would involve any alteration in a constituency.

• (3) Sub-paragraph (3) must be ignored.

SCHEDULE 3

1

This Schedule has effect in relation to any report of the Boundary Commission for Scotland under section 3 of the Parliamentary Constituencies Act 1986 (c. 56) which is submitted to the Secretary of State at any time before the passing of this Act.

2

Any recommendation included in the report in pursuance of paragraph 3 of Schedule 1 to the Scotland Act 1998 (c. 46) (as it had effect at that time) (duty of Boundary Commission to make recommendations as to regions and regional members) must be ignored.

3

• (1) This paragraph applies if before the passing of this Act the Secretary of State has laid before Parliament—

• (a) a report containing such recommendations, and

• (b) a draft of an Order in Council giving effect (with or without modification) to the recommendations of the Boundary Commission.

• (2) The Secretary of State must—

• (a) withdraw the draft of the Order in Council;

• (b) lay a new draft of an Order giving effect (with or without modification) to the recommendations of the Boundary Commission (ignoring any recommendation mentioned in paragraph 2).

4

• (1) This paragraph applies if before the passing of this Act an Order in Council has been made giving effect (with or without modifications) to recommendations mentioned in paragraph 2.

• (2) So much of the Order as relates to regions or regional members for the purposes of that Schedule must be ignored.