Local Government Commission for England (Transfer of Functions) Order 2001

JurisdictionUK Non-devolved

2001 No. 3962

LOCAL GOVERNMENT, ENGLAND

The Local Government Commission for England (Transfer of Functions) Order 2001

Made 10th December 2001

Coming into force 1st April 2002

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred on him by sections 18(1), (2) and (7) and 156(5) of the Political Parties, Elections and Referendums Act 20001, hereby makes the following Order, of which a draft has been laid before, and approved by resolution of, each House of Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as The Local Government Commission for England (Transfer of Functions) Order 2001 and shall come into force on 1st April 2002.

S-2 Transfer of functions of Local Government Commission for England

Transfer of functions of Local Government Commission for England

2. Subject to article 5, on 1st April 2002 all functions, property, rights and liabilities of the Local Government Commission for England (“the English Commission”)2shall transfer to the Electoral Commission3.

S-3 Transfer of functions of the Secretary of State

Transfer of functions of the Secretary of State

3.—(1) On 1st April 2002 the functions of the Secretary of State specified in paragraph (2) shall transfer to the Electoral Commission.

(2) The functions referred to in paragraph (1) are—

(a)

(a) the functions of the Secretary of State under sections 13 to 15 and 17 of the Local Government Act 19924, to the extent that they relate to electoral changes within the meaning of that Act;

(b)

(b) the functions of the Secretary of State under sections 13, 14 and 17(4) of the Local Government and Rating Act 19975, to the extent that they relate to electoral arrangements within the meaning of that Act;

(c)

(c) the function of the Secretary of State of specifying the London Assembly constituencies by order under section 2(4) of the Greater London Authority Act 19996;

(d)

(d) the functions of the Secretary of State in relation to the London Assembly constituencies under Schedule 1 to the Greater London Authority Act 1999;

(e)

(e) the functions of the Secretary of State in relation to the reports of the English Commission in respect of county areas dated August 2000; and

(f)

(f) the functions of the Secretary of State in relation to any reports of the English Commission dated on or after 1st November 2001.

S-4 Accounts

Accounts

4. Any functions under paragraph 10 of Schedule 2 to the Local Government Act 1992 in relation to the accounting year beginning on 1st April 2001 which would, but for this Order, have fallen to be discharged on or after 1st April 2002 by the English Commission shall be discharged by the Electoral Commission.

S-5 Transfer of Staff

Transfer of Staff

5.—(1) This article applies to any person other than the Chief Executive who immediately before 1st April 2002 is an employee of the English Commission.

(2) Article 2 shall not operate so as to terminate the contract of employment of any such person but any such contract shall have effect from 1st April 2002 as if originally made between that person and the Electoral Commission.

(3) On 1st April 2002—

(a)

(a) all the rights, powers, duties and liabilities of the English Commission under or in connection with any such contract shall transfer to the Electoral Commission; and

(b)

(b) anything done before that date by or in relation to the English Commission in respect of that contract or an employee of the English Commission shall be deemed to have been done by or in relation to the Electoral Commission.

(4) Paragraphs (2) and (3) are without prejudice to any right of an employee arising apart from this Order to terminate his contract of employment without notice if a substantial change is made in his working conditions to his detriment; but no such right shall arise by reason only of the change of employer effected by paragraph (2).

(5) This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 19817.

(6) In this article “employee of the English Commission” means any individual who works whether under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services.

S-6 Continuity of the exercise of functions

Continuity of the exercise of functions

6. Anything done by or in relation to the English Commission or the Secretary of State in the exercise of or in connection with a function which by virtue of this Order becomes the function of the Electoral Commission shall so far as is required for continuing its effect on and after 1st April 2002 have effect as if done by or in relation to the Electoral Commission.

S-7 Complaints of maladministration by English Commission

Complaints of maladministration by English Commission

7.—(1) The Parliamentary Commissioner may investigate, or, as the case may be, continue to investigate a complaint of maladministration by the English Commission arising in relation to any functions, property, rights or liabilities transferred by this Order.

(2) In relation to any such investigation begun or continued on or after 1st April 2002, the Parliamentary Commissioner Act 19678shall apply as if for any reference to the principal officer of the English Commission there were substituted a reference to the principal officer of the Electoral Commission.

S-8 Amendments to the Local Government Act 1992

Amendments to the Local Government Act 1992

8. The amendments to the Local Government Act 1992 specified in Schedule 1 to this Order shall have effect.

S-9 Amendments to other Acts

Amendments to other Acts

9. The amendments to other enactments specified in Schedule 2 to this Order shall have effect.

Alan Whitehead

Parliamentary Under Secretary of State,

Department for Transport, Local Government and the Regions

10th December 2001

SCHEDULE 1

Article 8

Amendments to the Local Government Act 1992

SCH-1.1

1. For section 13 (Duty to conduct reviews and make recommendations)9substitute—

SCH-1.13

Reviews and Recommendations

13.—(1) The Secretary of State may request the Electoral Commission to recommend in respect of a specified area in England—

(a)

(a) whether a structural change should be made;

(b)

(b) whether a boundary change should be made.

(2) Where the Electoral Commission receive a request in respect of an area under subsection (1), they may direct the Boundary Committee for England—

(a)

(a) to conduct a review of the area, and

(b)

(b) to recommend whether a change of the kind specified in the request should be made.

(3) The Electoral Commission may direct the Boundary Committee for England—

(a)

(a) to conduct a review of a specified area in England, and

(b)

(b) to recommend whether an electoral change should be made in respect of that area.

(4) The Electoral Commission shall from time to time direct the Boundary Committee for England—

(a)

(a) to conduct a review of each principal area in England, and

(b)

(b) to recommend whether an electoral change should be made in respect of that area.

(5) In carrying out a function under this section the Electoral Commission or the Boundary Committee for England shall have regard to—

(a)

(a) the need to reflect the identities and interests of local communities,

(b)

(b) the need to secure effective and convenient local government,

(c)

(c) the need to secure the matters mentioned in paragraphs 1(2)(a) and 3(2)(a) of Schedule 11 to the Local Government Act 197210(equality of representation), and

(d)

(d) any scheme for elections specified by order under section 86 of the Local Government Act 200011(power to specify a scheme for elections).

(6) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7) A direction may, in particular, require the Boundary Committee for England to have regard to—

(a)

(a) guidance given by the Secretary of State as to matters to be taken into account in considering structural or boundary changes;

(b)

(b) guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.”

SCH-1.2

2.—(1) Section 14 (changes that may be recommended)12is amended as follows.

(2) In subsection (1), for “Local Government Commission” substitute “Electoral Commission”.

(3) In paragraph (a)(iii) of subsection (4), omit the words from “and” to “elected”.

(4) In subsection (8),

(a)

(a) for “Local Government Commission” substitute “the Boundary Committee for England”; and

(b)

(b) for “section 13(1A)” substitute “section 13(3) or (4)”.

SCH-1.3

3.—(1) Section 15 (procedure on a review)13is amended as follows:

(2) In subsection (1)—

(a)

(a) for “Local Government Commission” substitute “Boundary Committee for England”; and

(b)

(b) for “it considers” substitute “they consider”.

(3) In subsection (2)—

(a)

(a) for the words from “deciding” to “Local Government Commission” substitute “being directed to conduct a review of any area under section 13(4) above, the Boundary Committee for England”;

(b)

(b) for “it considers” substitute “they consider”; and

(c)

(c) in paragraph (a), for “Commission is” substitute “Committee are”.

(4) In subsection (3)—

(a)

(a) for “Local Government Commission” substitute “Boundary Committee for England”;

(b)

(b) in paragraph (a), for “it” substitute “them”;

(c)

(c) in paragraph (b), for “it considers” substitute “they consider”; and

(d)

(d) for “Commission” each time it appears substitute “Committee”.

(5) For subsection (4) substitute—

SCH-1.4

“4 As soon as the Boundary Committee for England are in a position to submit to the Electoral Commission a report on a review, they shall—

(a) submit a report to the Commission together with their recommendations;

(b) take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which they may be inspected; and

(c) deposit copies of the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT