The Returning Officers (Parliamentary Constituencies) (England) (Amendment) Order 1996

Made: 21st March 1996

Coming into force: 1st April 1996

The Secretary of State, in exercise of the powers conferred upon him by sections 24(1)(c) and 28(1)(b) of the Representation of the People Act 1983[^f00001], hereby makes the following Order:

1

• (1) This Order may be cited as the Returning Officers (Parliamentary Constituencies) (England) (Amendment) Order 1996 and shall come into force on 1st April 1996.

• (2) In this Order, “the 1995 Order” means the Returning Officers (Parliamentary Constituencies) (England) Order 1995[^f00002].

2

After article 4 of the 1995 Order there shall be inserted the following article:

(4A) In the case of a county constituency listed in the left-hand column of Schedule 2A to this Order (being a constituency which is not coterminous with or wholly contained in a county, as defined by section 38 of the Sheriffs Act 1887[^f00003]), the returning officer for a parliamentary election shall be the sheriff of the county (as so defined) listed in the right-hand column of that Schedule opposite to the name of the constituency.

3

In Schedule 1 to the 1995 Order (returning officers for certain borough constituencies outside Greater London), in the entry in the right-hand column opposite the name of the Kingswood constituency for “Kingswood” there shall be substituted “South Gloucestershire”.

4

After Schedule 2 to the 1995 Order, there shall be inserted the following Schedule:

SCHEDULE 2A

5

Schedule 3 to the 1995 Order (acting returning officers for county constituencies) shall be amended by substituting for the district named in the right-hand column of that Schedule opposite to the name of any county constituency which—

• (a) is listed in the left-hand column of that Schedule, and

• (b) is also listed in the left-hand column of the table below,

the district named in the right-hand column of that table opposite the name of the county constituency in question.

Signed

Tom Sackville — Parliamentary Under-Secretary of State — 21st March 1996

Explanatory note

(This note is not part of the Order)

This Order amends the Returning Officers (Parliamentary Constituencies) (England) Order 1995 in consequence of changes made by orders and regulations under Part II of the Local Government Act 1992 (c. 19).

Regulation 8(3) of the Local Government Changes for England (Miscellaneous Provision) Regulations 1995 (S.I. 1995/1748, as substituted by regulation 3(2) of the Local Government Changes for England (Miscellaneous Provision) Regulations 1996 (S.I. 1996/330)) amended section 24(1)(a) of the Representation of the People Act 1983 so that the reference to “county” in that provision is to a county as defined by section 38 of the Sheriffs Act 1887. The table in Schedule 2A to that Act (as inserted by regulation 8(1)(b) of the 1995 Regulations) sets out certain counties which are not coterminous with counties under the Local Government Act 1972. The designation of certain sheriffs as returning officers by articles 2 and 4 of this Order is necessary because the constituencies in question are not coterminous with or wholly contained in counties for the purposes of the 1887 Act.

Articles 3 and 5 amend the designation of returning officers in Schedule 1 to the 1995 Order and of acting returning officers in Schedule 3 to that Order where orders under section 17 of the Local Government Act 1992 have altered the names and areas of local government districts.

Footnotes

[^f00001]: 1983 c. 2; section 28(1)(b) has been amended by Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00002]: S.I. 1995/2061.

[^f00003]: 1887 c. 55; the definition of “county” in section 38 was substituted by S.I. 1995/1748.