The Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2011 No. 2987


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United Kingdom Statutory Instruments


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Statutory Instruments

2011 No. 2987

Representation Of The People, Wales

The Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2011

Made

14th December 2011

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 14th day of December 2011

Present,

The Queen's Most Excellent Majesty in Council

The Boundary Commission for Wales have, in accordance with section 3(3) of the Parliamentary Constituencies Act 1986(1) ("the 1986 Act"), submitted to the Lord President of the Council(2) the four reports specified in the Schedule to this Order (referred to below as the "first", "second", "third" and "fourth" reports in accordance with the order in which they are listed in the Schedule) recommending alterations to the boundaries of the parliamentary constituencies into which Wales is divided and of the constituencies of the National Assembly for Wales ("the Assembly").

In accordance with paragraph 8(2) of Schedule 1 to the Government of Wales Act 2006(3), the Boundary Commission for Wales have also recommended, in the first and second reports, alterations to the boundaries of the Assembly electoral regions.

The first report falls within section 13(4) of the Parliamentary Voting System and Constituencies Act 2011(4) and the second, third and fourth reports fall within section 13(3) of that Act. Accordingly, effect may be given to the four reports only in respect of the boundaries of the Assembly constituencies and Assembly electoral regions, by reason of section 13(5) to (7) of that Act.

Under section 3(5) of the 1986 Act(5) the Lord President of the Council has laid a copy of the reports before Parliament together with a draft of this Order to give effect, without modifications, to the recommendations in the reports in respect of the boundaries of the Assembly constituencies and the Assembly electoral regions.

The draft Order has been approved by resolution of each House of Parliament.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to make the following Order under section 4(5) of the 1986 Act.

Citation and commencement

1.-(1) This Order may be cited as the Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2011.

(2) Subject to section 4(6) of the Parliamentary Constituencies Act 1986(6), this Order comes into force on the fourteenth day after the day on which it is made.

Amendments to the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006

2. The Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006(7) is amended as follows.

3. In article 1-

(a)in paragraph (3)(b), at the beginning insert "subject to paragraph (4),";

(b)after paragraph (3) insert-

"(4) Any reference in this Order to an electoral division or a local government area, where it relates to an Assembly constituency (as referred to in article 2A), is a reference to that division or area as it existed on 1st December 2010.".

4. After article 2 insert-

"Assembly constituencies

2A. For the purposes of Part 1 of the Government of Wales Act 2006 the Assembly constituencies shall be the constituencies-

(a)which are named in column 1 of Schedule 1 to this Order; and

(b)which comprise the areas which are set out in column 2 of that Schedule opposite the name of the constituency.".

5. In article 3(2), for "the constituencies" substitute "the Assembly constituencies referred to in article 2A and".

6. In the heading to Schedule 1, after "CONSTITUENCIES" insert "AND ASSEMBLY CONSTITUENCIES".

Electoral register

7.-(1) Each electoral registration officer for-

(a)the Assembly constituencies; and

(b)the Assembly electoral regions,

affected by this Order, shall make such re-arrangement or adaptation of the registers of local government electors as may be necessary to give effect to this Order.

(2) In this article "the Assembly constituencies" and "the Assembly electoral regions" are the constituencies and regions referred to in section 2 of the Government of Wales Act 2006.

Judith Simpson

Clerk of the Privy Council

Preamble

SCHEDULEReports submitted by the Boundary Commission for Wales to the Lord President of the Council(8)

Report dated October 2010 with respect to the areas comprised in the constituencies of Brecon and Radnorshire, and Merthyr Tydfil and Rhymney.

Report dated March 2011 with respect to the areas comprised in the constituencies of Ogmore and Pontypridd.

Report dated March 2011 with respect to the areas comprised in the constituencies of Cardiff North, and Cardiff South and Penarth.

Report dated March 2011 with respect to the areas comprised in the constituencies of Cardiff South and Penarth, and Vale of Glamorgan.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order gives effect to the recommendations contained in four reports submitted to the Lord President of the Council by the Boundary Commission for Wales, in so far as they relate to the boundaries of constituencies and electoral regions of the National Assembly for Wales (but not parliamentary constituencies). It amends the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006 (S.I. 2006/1041) ("the 2006 Order"), which sets out the parliamentary constituencies for Wales and the Assembly electoral regions.

Section 2 of the Government of Wales Act 2006 previously provided that the Assembly constituencies were the same as the parliamentary constituencies. Under the Parliamentary Voting System and Constituencies Act 2011 the number of parliamentary constituencies in Wales will be reduced, while the number of Assembly constituencies -� and their boundaries - remains as set out in the 2006 Order, subject to any amendments which might subsequently be made under recommendations made by the Boundary Commission for Wales which were pending at the date of the coming into force of Part 2 of the 2011 Act.

This Order implements such recommendations, without modifications, by inserting new provisions into the 2006 Order which fix the Assembly constituencies by reference to local government boundaries as they stood on 1st December 2010 (articles 3 and 4). That date is the latest relevant commencement date in the four instruments referred to below. The Order also makes consequential changes to other provisions of the 2006 Order (articles 5 and 6), and requires electoral registration officers to make such changes to the register of local government electors as are required as a result of the Order (article 7).

The recommendations all reflect changes in the boundaries of local government areas. These changes are contained in-

(a) the Merthyr Tydfil and Powys (Areas) Order 2009 (S.I. 2009/889 (W. 78)), which changes the boundaries of the electoral divisions of Talybont-on-Usk and Vaynor, thereby affecting the Assembly constituencies of Brecon and Radnorshire and of Merthyr Tydfil and Rhymney, and the electoral regions of South Wales East and of Mid and West Wales;

(b) the Rhondda Cynon Taf (Llanharan, Llanharry, Llantrisant and Pont-y-clun Communities) Order 2008 (S.I. 2008/3152 (W. 280)), which changes the boundaries of the electoral divisions of Llanharan, Llanharry, Pont-y-clun and Talbot Green, thereby affecting the Assembly constituencies of Ogmore and Pontypridd and the electoral regions of South Wales West and South Wales Central;

(c) the City and County of Cardiff (Old St. Mellons, Rumney and Trowbridge Communities) Order 2009 (S.I. 2009/3052 (W. 268)), which changes the boundaries of the electoral divisions of Rumney, Trowbridge and Pontprennau/Old St Mellons, thereby affecting the Assembly constituencies of Cardiff South and Penarth and of Cardiff North;

(d) the Vale of Glamorgan (Communities) Order 2010 (S.I. 2010/1451 (W. 129)), which changes the boundaries of the electoral divisions of Llandough and Dinas Powys, thereby affecting the Assembly constituencies of Cardiff South and Penarth and of Vale of Glamorgan.

An impact assessment has not been prepared for this instrument as it has no impact on business or the private or voluntary sector.

(1)

1986 c. 56. Section 3(3) was repealed by section 10(5) of the Parliamentary Voting System and Constituencies Act 2011 (c. 1), subject to a saving provision in respect of Assembly constituencies and electoral regions in Wales in section 13(5) of the 2011 Act.

(2)

The functions of the Secretary of State under the Parliamentary Constituencies Act 1986 were made exercisable concurrently with the Lord President of the Council by the Lord President of the Council Order 2010 (S.I. 2010/1837).

(3)

2006 c. 32. Schedule 1 (as modified by paragraph 1 of Schedule 11 to the 2006 Act) was repealed by section 13(2)(b) of the Parliamentary Voting System and Constituencies Act 2011, subject to saving and modifying provisions in respect of Assembly constituencies and electoral regions in section 13(5) and (7) of that Act.

(5)

Section 3(5) was substituted by section 10(6) of the Parliamentary Voting System and Constituencies Act 2011, subject to a saving provision in respect of Assembly constituencies and electoral regions in section 13(5) of that Act.

(6)

Section 4(6) was substituted by section 13(6) of the Parliamentary Voting System and Constituencies Act 2011 in relation to reports falling within section 13(3) and (4) of that Act.

(8)

HC 1510.


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