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Local Democracy, Economic Development and Construction Act 2009

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Change 1

What to do with it
As published

57 Requests for review of single-member electoral areas

(1) A principal council which falls within subsection (3) may request the Local Government Boundary Commission for England to— (a) conduct a review of the council's area under section 56(2)(a), and (b) make recommendations as to single-member electoral areas under section 56(2)(b). (2) In this section “recommendations as to single-member electoral areas” means recommendations, for each electoral area in the area of a principal council, as to whether the electoral area should return one member of the council. (3) A principal council falls within this subsection if— (a) it is not the case that each of the electoral areas in the council's area returns one member of the council, and (b) the council is subject to a scheme for whole-council elections. (4) For the purposes of subsection (3)(b) a principal council is “subject to a scheme for whole-council elections” if, in each year in which ordinary elections of members of the council are to be held, all the members of the council are to be elected. (4A) A district council is also “subject to a scheme for whole-council elections” for those purposes if— (a) section 34 of the Local Government and Public Involvement in Health Act 2007 (scheme for whole-council elections) applies to the council, but (b) by virtue of subsection (4A) of that section (temporary continuation of previous electoral scheme), not all the members of the council are to be elected in a year in which ordinary elections of members of the council are to be held. (5) If the Local Government Boundary Commission for England grants a request under this section, in making its recommendations it must (in addition to the matters to be considered pursuant to Schedule 2) have regard to the desirability of securing that each electoral area in the principal council's area should return one member of the council. (6) If the Local Government Boundary Commission for England decides not to grant a principal council's request under this section, it must notify the council of its decision and the reasons for it. (7) Nothing in this section prevents the Local Government Boundary Commission for England, when making recommendations as to single-member electoral areas pursuant to subsection (1), from making other recommendations under section 56(2)(b). (8) In subsections (2) and (5), references to electoral areas are, in relation to a case where the Local Government Boundary Commission for England makes recommendations for change to the number or boundaries of electoral areas in the area of a principal council, to the recommended electoral areas.

Your change, as a redline

57 Requests for review of single-member electoral areas

(1) A principal council which falls within subsection (3) may request the Local Government Boundary Commission for England to— (a) conduct a review of the council's area under section 56(2)(a), and (b) make recommendations as to single-member electoral areas under section 56(2)(b). (2) In this section “recommendations as to single-member electoral areas” means recommendations, for each electoral area in the area of a principal council, as to whether the electoral area should return one member of the council. (3) A principal council falls within this subsection if— (a) it is not the case that each of the electoral areas in the council's area returns one member of the council, and (b) the council is subject to a scheme for whole-council elections. (4) For the purposes of subsection (3)(b) a principal council is “subject to a scheme for whole-council elections” if, in each year in which ordinary elections of members of the council are to be held, all the members of the council are to be elected. (4A) A district council is also “subject to a scheme for whole-council elections” for those purposes if— (a) section 34 of the Local Government and Public Involvement in Health Act 2007 (scheme for whole-council elections) applies to the council, but (b) by virtue of subsection (4A) of that section (temporary continuation of previous electoral scheme), not all the members of the council are to be elected in a year in which ordinary elections of members of the council are to be held. (5) If the Local Government Boundary Commission for England grants a request under this section, in making its recommendations it must (in addition to the matters to be considered pursuant to Schedule 2) have regard to the desirability of securing that each electoral area in the principal council's area should return one member of the council. (6) If the Local Government Boundary Commission for England decides not to grant a principal council's request under this section, it must notify the council of its decision and the reasons for it. (7) Nothing in this section prevents the Local Government Boundary Commission for England, when making recommendations as to single-member electoral areas pursuant to subsection (1), from making other recommendations under section 56(2)(b). (8) In subsections (2) and (5), references to electoral areas are, in relation to a case where the Local Government Boundary Commission for England makes recommendations for change to the number or boundaries of electoral areas in the area of a principal council, to the recommended electoral areas.

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