House of Commons (Redistribution of Seats) Act 1949

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House of Commons (Redistribution of Seats) Act 1949
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Long title An Act to consolidate the enactments which make permanent provision for the redistribution of seats at parliamentary elections and the provisions of the Representation of the People Act, 1948, interpreting statutory references to constituencies.
Citation 12, 13 & 14 Geo. 6. c. 66
Territorial extent  United Kingdom
Dates
Royal assent 24 November 1949
Commencement 1 April 1950 [a]
Other legislation
Amends Representation of the People Act 1948
Repeals/revokes
Amended by
Repealed by Parliamentary Constituencies Act 1986
Relates to Representation of the People Act 1949
Status: Repealed
Text of statute as originally enacted

The House of Commons (Redistribution of Seats) Act 1949 (12, 13 & 14 Geo. 6. c. 66) was an act of the Parliament of the United Kingdom that provided for the periodic review of the number and boundaries of parliamentary constituencies.

Contents

The act amended the rules for the distribution of seats to be followed by the boundary commissions for each of the constituent countries of the United Kingdom. The commissions had been created under the House of Commons (Redistribution of Seats) Act 1944 (7 & 8 Geo. 6. c. 41), and their initial reviews of constituencies had been implemented by the Representation of the People Act 1948 (11 & 12 Geo. 6. c. 65). [1]

Under the act, each commission was to make its first periodic report within seven years of the passing of the Representation of the People Act 1948 (11 & 12 Geo. 6. c. 65). Subsequent reports were to be issued not less than three and not more than seven years after the first periodic report. Reports were to be made to the Home Secretary, and were to contain the proposed constituency boundaries. The Home Secretary could then issue a draft Order in Council, to be approved by both houses of parliament. Once approved, the draft order would be presented to the Privy Council, and enacted via a statutory instrument. Any changes in seats would not take place until the next dissolution of parliament and calling of a general election.[ citation needed ]

Rules for redistribution of seats

The act contained a number of rules to guide the work of the commissions.

Number of constituencies

Rules on dividing and combining counties and districts

"As far as practicable" in England and Wales:

In Scotland:

In Northern Ireland:

Electorate

The electorate of any constituency was to be as close as possible to a country-specific electoral quota to reduce malapportionment; where rigid adherence to the "as far as practicable" guidelines would mean a large disparity between electorates, the commissions were expressly empowered to form seats which combine parts of two (and where major disparity still remains, more) local government areas.

The electoral quota was obtained by dividing the total electorate for either Great Britain or Northern Ireland by the number of allocated seats.

Special geographical considerations

Each commission were allowed to depart from the rules on areas or electorate in special cases "including in particular the size, shape and accessibility of a constituency" in order to form constituencies.

Short title, commencement and extent

Section 9(1) of the act provided that the act may be cited as the "House of Commons (Redistribution of Seats) Act 1949" and may be cited as a Representation of the People Act.

Section 9(2) of the act provided that the act provided that the act would come into force on a day not earlier than section 1(1) of the appointed by the home secretary by statutory instrument.

House of Commons (Redistribution of Seats) Act 1949 (Date of Commencement) Order 1950
Statutory Instrument
Coat of arms of the United Kingdom (1901-1952).svg
Introduced by James Chuter Ede (Commons)
Dates
Made15 March 1950
Other legislation
Made underHouse of Commons (Redistribution of Seats) Act 1949
Relates to Representation of the People Act 1949 (Date of Commencement) Order 1950
Status: Current legislation
Text of statute as originally enacted

The House of Commons (Redistribution of Seats) Act 1949 (Date of Commencement) Order 1950 (SI 1950/371) provided that the act would come into force on 1 April 1950.

Amendment and repeal

House of Commons (Redistribution of Seats) Act 1958 [b]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to amend the House of Commons (Redistribution of Seats) Act, 1949.
Citation 6 & 7 Eliz. 2. c. 26
Territorial extent  United Kingdom
Dates
Royal assent 14 May 1958
Commencement 14 May 1958 [c]
Repealed7 February 1987
Other legislation
AmendsHouse of Commons (Redistribution of Seats) Act 1949
Repealed by Parliamentary Constituencies Act 1986
Relates to House of Commons (Redistribution of Seats) Act 1979
Status: Repealed
Text of statute as originally enacted
House of Commons (Redistribution of Seats) Act 1979 [d]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to increase the number of constituencies in Northern Ireland required by rule 1 in Schedule 2 to the House of Commons (Redistribution of Seats) Act 1949.
Citation 1979 c. 15
Territorial extent  United Kingdom
Dates
Royal assent 22 March 1979
Commencement 22 March 1979 [e]
Repealed7 February 1987
Other legislation
AmendsHouse of Commons (Redistribution of Seats) Act 1949
Repealed by Parliamentary Constituencies Act 1986
Relates to
Status: Repealed
Text of statute as originally enacted

Following successful legal action the act was amended by the House of Commons (Redistribution of Seats) Act 1958 (6 & 7 Eliz. 2. c. 26). This removed the Director General of the Ordnance Survey from each commission, [2] and in each case appointed a judge to be deputy chairman. [2] It also modified the definition of "electoral quota" so that it in England, Scotland and Wales would mean respective quotas for each country, based on the prior number of constituencies. A new procedure was established, forcing a local inquiry to be held if many objections arose to changes. [2]

The House of Commons (Redistribution of Seats) Act 1979 (c. 15) amended the 1949 act in respect to Northern Ireland, increasing the number of constituencies in the province to 17 in number. Northern Ireland had been under-represented in the Commons to compensate for the existence of a devolved parliament. However, this had been abolished in 1973. The number of seats could be decreased to 16 or increased to 18 in the future.

The 1949, 1958 and 1979 acts were repealed by the Parliamentary Constituencies Act 1986, which remains the current primary legislation governing allocation of constituencies.

Notes

References

  1. The Boundary Commissions: redrawing the UK's map of Parliamentary constituencies; D J Rossiter, R J Johnston, C J Pattie; Manchester University Press, 1999.
  2. 1 2 3 O Gay, The Rules for the Redistribution of Seats – History and Reform (SN/PC/05628, 28 July 2010), p. 4