Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Fixed-term Parliaments Bill


 
 

 

LORDS amendments to the

Fixed-term Parliaments Bill

[The page and line references are to HL Bill 40, the bill as first printed for the Lords.]

Clause 1

1

Page 1, line 6, at beginning insert “If, but only if, a resolution to this effect is

 

approved by each House of the Parliament in question,”

2

Page 1, line 6, leave out “each” and insert “a”

3

Page 1, line 16, leave out “earlier or”

4

Page 1, line 17, leave out “earlier or”

5

Page 1, line 20, at end insert—

 

“( )    

The draft laid before Parliament must be accompanied by a statement

 

setting out the Prime Minister’s reasons for proposing the change in the

 

polling day.”

Clause 2

6

Leave out Clause 2 and insert the following new Clause—

 

         

“Early parliamentary general elections

 

(1)    

An early parliamentary general election is to take place if—

 

(a)    

the House of Commons passes a motion in the form set out in

 

subsection (2), and

 

(b)    

if the motion is passed on a division, the number of members who

 

vote in favour of the motion is a number equal to or greater than

 

two thirds of the number of seats in the House (including vacant

 

seats).

 

(2)    

The form of motion for the purposes of subsection (1)(a) is—

 

    

“That there shall be an early parliamentary general election.”

 

(3)    

An early parliamentary general election is also to take place if—

 
 
Bill 19555/1

 
 

2

 
 

(a)    

the House of Commons passes a motion in the form set out in

 

subsection (4), and

 

(b)    

the period of 14 days after the day on which that motion is passed

 

ends without the House passing a motion in the form set out in

 

subsection (5).

 

(4)    

The form of motion for the purposes of subsection (3)(a) is—

 

    

“That this House has no confidence in Her Majesty’s Government.”

 

(5)    

The form of motion for the purposes of subsection (3)(b) is—

 

    

“That this House has confidence in Her Majesty’s Government.”

 

(6)    

Subsection (7) applies for the purposes of the Timetable in rule 1 in

 

Schedule 1 to the Representation of the People Act 1983.

 

(7)    

If a parliamentary general election is to take place as provided for by

 

subsection (1) or (3), the polling day for the election is to be the day

 

appointed by Her Majesty by proclamation on the recommendation of the

 

Prime Minister (and, accordingly, the appointed day replaces the day

 

which would otherwise have been the polling day for the next election

 

determined under section 1).”

After Clause 3

7

Insert the following new Clause—

 

“General election for Scottish Parliament not to fall on same date as

 

parliamentary general election under section 1(2)

 

(1)    

This section applies in relation to the ordinary general election for

 

membership of the Scottish Parliament the poll for which would, apart

 

from this section and disregarding sections 2(5) and 3(3) of the Scotland Act

 

1998, be held on 7 May 2015 (that is, the date specified in section 1(2) of this

 

Act).

 

(2)    

Section 2(2) of the 1998 Act has effect as if, instead of providing for the poll

 

for that election to be held on that date, it provided (subject to sections 2(5)

 

and 3(3) of that Act) for the poll to be held on 5 May 2016 (and section 2(2)

 

has effect in relation to subsequent ordinary general elections

 

accordingly).”

8

Insert the following new Clause—

 

“General election for National Assembly for Wales not to fall on same date as

 

parliamentary general election under section 1(2)

 

(1)    

This section applies in relation to the ordinary general election for

 

membership of the National Assembly for Wales the poll for which would,

 

apart from this section and disregarding sections 4 and 5(5) of the

 

Government of Wales Act 2006, be held on 7 May 2015 (that is, the date

 

specified in section 1(2) of this Act).

 

(2)    

Section 3(1) of the 2006 Act has effect as if, instead of providing for the poll

 

for that election to be held on that date, it provided (subject to sections 4

 

and 5(5) of that Act) for the poll to be held on 5 May 2016 (and section 3(1)


 
 

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has effect in relation to subsequent ordinary general elections

 

accordingly).”

Clause 5

9

Page 3, line 23, at end insert—

 

“( )    

Sections 2, 3 and 4(3) shall have effect only until the first meeting of the new

 

Parliament after the next parliamentary general election, but that

 

Parliament or any subsequent Parliament may bring those sections back

 

into force for the Parliament’s own duration and until the first meeting of

 

the following Parliament if a resolution to that effect is approved by each

 

House of the Parliament in question.”


 
 

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