Section 17A Further reviews and reports by Boundaries ScotlandF1

(1)

Boundaries Scotland must conduct a further review of proposals to alter any local government area or electoral arrangements where it has been notified by the Scottish Ministers under section 17(6)(b).

(2)

Boundaries Scotland may determine the manner and the extent of the review under this section, provided that the purpose of the review is to—

(a)

consider the representations (if any) of the Scottish Parliament, and

(b)

reconsider the proposals and make any further or supplementary proposals as it thinks fit.

(3)

Sections 18 (except subsections (2) and (3)) and 19 apply to a review under this section as they apply to a review under section 17 (but subject to the modification in subsection (4)).

(4)

The modification is that the reference in subsection (2A) of section 18 to a consultation under subsection (2)(a) of that section is to be read as if it were a reference to any consultation carried out by Boundaries Scotland in connection with a review under this section.

(5)

Boundaries Scotland may take such steps under section 18(3) as it thinks fit in relation to a review under this section.

(6)

Boundaries Scotland must—

(a)

before such date as the Scottish Ministers may direct, or in the absence of such direction, within such reasonable time as it may determine, submit a report to the Scottish Ministers on its further review under this section, and

(b)

include in the report either—

(i)

any further or supplementary proposals it has formulated following the review, or

(ii)

a notification that it has no further or supplementary proposals to make.

(7)

Where the report includes a further or supplementary proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).

(8)

Subsections (4) to (9) of section 17 apply to a report submitted under this section as they apply to a report submitted under section 17.

(9)

But where a report has already been submitted under this section, the Scottish Ministers may notify Boundaries Scotland under subsection (6)(b) of section 17 that it is required to conduct a further review only if the Scottish Parliament has by resolution directed them to do so.

(10)

A further review under this section is to be disregarded for the purposes of calculating the intervals between reviews under this Part.

Annotations

Textual amendments

F1: Ss. 17, 17A substituted for s. 17 (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(2), 35; S.S.I. 2021/124, reg. 2, sch. (with reg. 3)

Notes on Part II

Modifications

C1: Pt. 2 applied (with modifications) (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(2), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)
C2: Pt. 2 applied (with modifications) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), s. 20(3)(4), 31(2); S.S.I. 2018/282, reg. 2

Notes on Proposals by Boundaries Scotland

Textual amendments

F1: S. 12 cross-heading substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(14); S.S.I. 2021/124, reg. 2, sch.