19JAMinor alterations to boundaries by territorial authority

1. A territorial authority may, in accordance with this section, determine by resolution new proposed boundaries of wards, communities, or subdivisions of local board areas or communities of the district of the territorial authority.

2. The territorial authority must be satisfied that,—

3. since the existing boundaries of the wards, communities, or subdivisions of local board areas or communities took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and
4. the proposed boundaries of the wards, communities, or subdivisions constitute only minor alterations to the existing boundaries; and
5. the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
6. so far as is practicable, the proposed boundaries of the wards, communities, or subdivisions coincide with the boundaries of allotments; and
7. so far as is practicable, ward boundaries coincide with community boundaries (if applicable).

8. Every meeting at which the territorial authority deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987.

9. The territorial authority must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the district or local board area or community, and the proposed wards, communities, or subdivisions, that is held by the territorial authority and is necessary for the purposes of subsection (6).

10. However, the territorial authority must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.

11. On receiving the reference, the Commission must—

12. consider the resolution and information forwarded to it; and
13. determine whether to uphold the proposed boundaries of the wards, communities, or subdivisions.

14. For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.

15. The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).

16. The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.

17. Section 19S applies to the Commission's determination as if it were made under section 19R(1)(b), and section 19Y(3) to (6) apply with any necessary modifications.

18. A territorial authority must not use this section if the territorial authority—

19. is required to make a resolution under section 19H before the next triennial general election; or
20. has, since the last triennial general election, made a resolution under section 19H; or
21. has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b).