House of Commons (Redistribution of Seats) Act 1949
Encyclopedia
The House of Commons Act 1949 was an Act
of the Parliament of the United Kingdom
that provided for the periodic review of the number and boundaries of parliamentary constituencies.
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
, and their initial reviews of constituencies had been implemented by the Representation of the People Act 1948
.
Under the 1949 Act, each commission was to make its first periodic report within seven years of the passing of the Representation of the People Act 1948
. 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
.
:
In Scotland
:
In Northern Ireland
:
The electoral quota was obtained by dividing the total electorate for either Great Britain or Northern Ireland by the number of allocated seats.
The House of Commons (Redistribution of Seats) Act 1979 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The 1949, 1958 and 1979 Acts were repealed by the Parliamentary Constituencies Act 1986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.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that provided for the periodic review of the number and boundaries of parliamentary constituencies.
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
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The commissions had been created under the House of Commons (Redistribution of Seats) Act 1944
House of Commons (Redistribution of Seats) Act 1944
The House of Commons Act 1944 was an Act of the Parliament of the United Kingdom that established permanent boundary commissions for each of the constituent countries of the United Kingdom, and provided for the periodic review of the number and boundaries of parliamentary constituencies.The Act...
, and their initial reviews of constituencies had been implemented by the Representation of the People Act 1948
Representation of the People Act 1948
The Representation of the People Act 1948 was an Act of the Parliament of the United Kingdom that altered the law relating to parliamentary and local elections...
.
Under the 1949 Act, each commission was to make its first periodic report within seven years of the passing of the Representation of the People Act 1948
Representation of the People Act 1948
The Representation of the People Act 1948 was an Act of the Parliament of the United Kingdom that altered the law relating to parliamentary and local elections...
. 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
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, 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
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, and enacted via a statutory instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
. Any changes in seats would not take place until the next dissolution of parliament and calling of a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
.
Rules for redistribution of seats
The Act contained a number of rules to guide the work of the commissions.Number of constituencies
- Great BritainGreat BritainGreat Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
was to have "not substantially greater or less than" 613 constituencies.- ScotlandScotlandScotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
was to have not less than 71 constituencies. - WalesWalesWales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
was to have not less than 35 constituencies.
- Scotland
- Northern IrelandNorthern IrelandNorthern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
was to have 12 constituencies. - Every constituency was to return a single Member of Parliament.
Rules on dividing and combining counties and districts
"As far as practicable" in England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
:
- The City of LondonCity of LondonThe City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
was not to be divided, and the name of the constituency in which it was included had to include the term "City of London". - No constituency was to combine the whole or parts of different administrative countiesAdministrative countyAn administrative county was an administrative division in England and Wales and Ireland used for the purposes of local government. They are now abolished, although in Northern Ireland their former areas are used as the basis for lieutenancy....
and county boroughCounty boroughCounty borough is a term introduced in 1889 in the United Kingdom of Great Britain and Ireland , to refer to a borough or a city independent of county council control. They were abolished by the Local Government Act 1972 in England and Wales, but continue in use for lieutenancy and shrievalty in...
s or metropolitan boroughMetropolitan boroughA metropolitan borough is a type of local government district in England, and is a subdivision of a metropolitan county. Created in 1974 by the Local Government Act 1972, metropolitan boroughs are defined in English law as metropolitan districts, however all of them have been granted or regranted...
s were not be included with adjacent counties. - No county borough (or any part thereof) was to be included in a constituency with any other county borough or part of a metropolitan borough.
- No metropolitan borough was to be included in a constituency which included the whole or part of any other metropolitan borough.
- No county district (municipal boroughMunicipal boroughMunicipal boroughs were a type of local government district which existed in England and Wales between 1835 and 1974, in Northern Ireland from 1840 to 1973 and in the Republic of Ireland from 1840 to 2002...
, urban districtUrban districtIn the England, Wales and Ireland, an urban district was a type of local government district that covered an urbanised area. Urban districts had an elected Urban District Council , which shared local government responsibilities with a county council....
or rural districtRural districtRural districts were a type of local government area – now superseded – established at the end of the 19th century in England, Wales, and Ireland for the administration of predominantly rural areas at a level lower than that of the administrative counties.-England and Wales:In England...
) was to be included partly in one constituency and partly in another.
In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
:
- No burghBurghA burgh was an autonomous corporate entity in Scotland and Northern England, usually a town. This type of administrative division existed from the 12th century, when King David I created the first royal burghs. Burgh status was broadly analogous to borough status, found in the rest of the United...
other than a county of a city was to be divided between constituencies
In Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
:
- No county district was to be included partly in one constituency and partly in another.
Electorate
The electorate of any constituency was to be as close as possible to an "electoral quota" ensuring even distribution of parliamentary representation within each of the commission areas. Where there was a large disparity between electorates, the commissions were empowered to override the rules on dividing and combining 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.Amendment and repeal
The 1949 Act was amended by the House of Commons (Redistribution of Seats) Act 1958. The 1958 legislation removed the Director General of the Ordnance Survey from each commission, and in each case appointed a judge to be deputy chairman. It also modified the definition of the term "electoral quota" so that in future the total electorate of each part of Great Britain (England, Scotland and Wales) was to have a different quota, calculated by dividing by the number of constituencies then in existence. A new procedure was established, forcing a local inquiry to be held where there were large numbers of objections to changes.The House of Commons (Redistribution of Seats) Act 1979 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
Northern Ireland Constitution Act 1973
The Northern Ireland Constitution Act 1973 was an Act of the Parliament of the United Kingdom which received the Royal Assent on 18 July 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
Parliamentary Constituencies Act 1986
The Parliamentary Constituencies Act 1986 is an Act of the Parliament of the United Kingdom. It is the legislation defining the constitution and work of the 4 parliamentary Boundary Commissions in the UK...
, which remains the current primary legislation governing allocation of constituencies.