Recall of Elected Representatives (No. 2) Bill (HC Bill 300)

1 Interpretation

In this Act—

• “constituency” means an area represented by an elected representative;

• “elected representative” means any person elected in England to serve as
  5a Member of Parliament, a Member of the European Parliament, a
  member of a local or parish council, or an elected Mayor;

• “recall petition” means a petition calling, in terms determined under
  section 4, for the seat of an elected representative to be vacated in
  accordance with this Act.

2 10Returning officer’s notice of a recall petition

(1) If one per cent of registered voters in the constituency of an elected
representative sign a notice-of-intent-to-recall petition stating that they have
lost confidence in their elected representative for whatever reason then a recall
petition must be made available under section 3.

(2) 15A returning officer must be appointed if a recall petition is to be held in
accordance with subsection (1).

(3) In order for a notice-of-intent-to-recall petition to be valid the Returning
Officer must be satisfied that the petition has been submitted in accordance
with the rules provided for in subsection (4).

(4) 20The Secretary of State must make rules by statutory instrument within 6
months of the passing of this Act setting out how a notice-of-intent-to-recall
petition is to be submitted.

(5) The Returning Officer must, within two weeks after subsection (3) is met, give
notice that the elected representative is subject to a recall petition.

3 Returning officer to make recall petition available for signature

(1) Where the returning officer for a constituency gives notice, the officer must—

(a) 5designate a place or places at which a recall petition is to be made
available for signature,

(b) ensure that arrangements are made to enable access to the petition, and

(c) designate a day from which the petition is to be made available for
signature.

(2) 10The returning officer must ensure that the recall petition is made available for
signature at the designated place or places throughout the signing period.

(3) In this Act “the signing period” means the period—

(a) beginning with the designated day, and

(b) ending with the day eight weeks later.

4 15Wording of recall petition

(1) This section makes provision about the wording of a recall petition that is to be
made available for signature under section 3.

(2) The recall petition is to read “If you think that [name], the [elected
representative] for [constituency] should be subject to a recall election, please
20sign below.”

5 Determination of whether recall petition is successful

(1) A recall petition is successful if the number of persons who validly sign the
petition is at least 20% of the number of persons registered in the register of
electors for the constituency.

(2) 25As soon as reasonably practicable after the end of the signing period, the
returning officer must determine whether the recall petition has been
successful.

(3) If the recall petition has been successful then a recall election must be held
within 2 months.

6 30Recall elections

(1) The question that is to appear on the ballot papers in a recall election is “Should
[name of elected representative] be recalled from [name of body or office]?”.

(2) The Secretary of State must make rules by statutory instrument within 6
months of the passing of this Act making provision relating to—

(a) 35the entitlement to vote in, and the conduct of, the recall election; and

(b) the arrangements to be made if the elected representative has been
elected under a system of proportional representation.

(3) If at a recall election more votes are cast in favour of the answer “Yes” than in
favour of the answer “No”, then—

(a) if the elected representative has been elected under a first past the post
or alternative vote electoral system, he or she is recalled and a by-
election must be held within 2 months in which the recalled candidate
may stand, or

(b) 5if the elected representative has been elected under a system of
proportional representation, a candidate must be chosen in accordance
with rules made by the Secretary of State in accordance with subsection
(2)(b).

7 Rules

10A statutory instrument containing rules under this Act is subject to annulment
in pursuance of a resolution of either House of Parliament.

8 Financial provisions

(1) There shall be paid out of money provided from the Consolidated Fund any sums to be
paid by the Secretary of State for or in connection with the carrying out of his functions
15under this Act relating to the cost of a by-election.

(2) The cost of recall petitions and recall elections shall be defrayed by the local
authority concerned and no account shall be taken of such expenditure in
assessing the amount of grant (of any type) payable to that local authority from
central government funds.

9 20Short title, commencement and extent

(1) This Act may be cited as the Recall of Elected Representatives Act 2012.

(2) Section 2(1) of this Act comes into force at the end of the period of 18 months
beginning with the day on which this Act is passed.

(3) The remaining provisions of this Act come into force on the day it is passed.

(4) 25This Act extends to England and Wales.