This page has been proofread, but needs to be validated.
66c. 46
Scotland Act 1998

Sch. 1

(2) The coming into force of such an Order, so far as it has the effect of making any alteration in any constituency of the Parliament or makes any alteration within paragraph 3(2), shall not affect the return of any member of the Parliament, or its constitution, until the Parliament is dissolved.

Notices

5.—(1) Where the Commission have provisionally determined to make recommendations affecting any region, they shall publish in at least one newspaper circulating in the region a notice stating—

(a) the effect of the proposed recommendations and (except in a case where they propose to recommend that no alteration within paragraph 3(2) be made) that a copy of the recommendations is open to inspection at a specified place or places within the region, and
(b) that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of the notice;

and the Commission shall take into consideration any representations duly made in accordance with any such notice.

(2) Where the Commission revise any proposed recommendations after publishing notice of them under sub-paragraph (1), the Commission shall comply again with that sub-paragraph in relation to the revised recommendations, as if no earlier notice had been published.

Local inquiries

6.—(1) The Commission may, if they think fit, cause a local inquiry to be held in respect of any region.

(2) If, on the publication of a notice under paragraph 5(1) of a recommendation for any alteration within paragraph 3(2), the Commission receive any representation objecting to the proposed recommendation—

(a) from an interested authority, or
(b) from a body of electors numbering 500 or more,

the Commission shall not make the recommendation unless a local inquiry has been held in respect of the region since the publication of the notice.

(3) If a local inquiry was held in respect of the region before the publication of the notice under paragraph 5(1), sub-paragraph (2) shall not apply if the Commission, after considering the matters discussed at the local inquiry, the nature of the representations received on the publication of the notice and any other relevant circumstances, are of the opinion that a further local inquiry would not be justified.

(4) In this paragraph, in relation to any recommendation―

“interested authority” means the council for an area which is wholly or partly included in the region affected by the recommendation, and
“elector” means an elector for the purposes of an election for membership of the Parliament in any constituency included in the region.

(5) Sections 210(4) and (5) of the 1973 c. 65.Local Government (Scotland) Act 1973 (attendance of witnesses at inquiries) shall apply in relation to any local inquiry held under this paragraph.