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| | To move the following Clause— |
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| | | “Notice of intent to recall |
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| | | (1) | A notice of intent to recall is to read as follows— |
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| | | “If you agree that [name], the member of the House of Commons for |
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| | | [constituency] should be subject to a recall petition, please sign below”. |
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| | | (2) | A notice of intent may be deposited with the petition officer by a person who |
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| | | promotes the call for the member to be recalled from Parliament (“the promoter”). |
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| | | (3) | A notice of intent to recall deposited under subsection (2) must be accompanied |
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| | | by a declaration made by the promoter, verifying that to the best of that person‘s |
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| | | knowledge the notice is in accordance with this Act and any regulations made |
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| | | (4) | A person who makes a declaration under subsection (3) where that person knows |
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| | | that the declaration is false or is reckless as to that fact, commits an offence. |
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| | | (5) | As soon as reasonably practicable after a notice of intent to recall has been |
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| | | deposited with the petition officer— |
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| | | (a) | the petition officer shall, in accordance with subsection (6) determine |
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| | | whether the notice of intent to recall is effective, and |
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| | | (b) | if so, the petition officer shall send a copy of the notice to the member. |
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| | | (6) | A notice of intent to recall is effective for the purposes of this Act if the petition |
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| | | officer is satisfied that the number of persons who have validly signed the notice |
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| | | of intent to recall is not less than the effective number determined in accordance |
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| | | (7) | But subsection (5) shall not apply if it would require the petition officer to |
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| | | determine that the notice of intent to recall is effective at a time— |
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| | | (a) | within the period of 7 months ending with the polling day for the next |
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| | | parliamentary general election; |
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| | | (b) | when the MP is already subject to a recall petition process, or |
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| | | (c) | When the MP’s seat has already been vacated (whether by the MP’s |
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| | | disqualification or death, or otherwise). |
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| | | (8) | For the purposes of this section a person (“P”) validly signs a notice of intent to |
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| | | (a) | P signs the notice within the period commencing 28 days prior to the date |
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| | | upon which the notice is deposited with the petition officer and ending on |
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| | | (b) | P signs the notice on a day on which P would be entitled to vote as an |
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| | | elector at a parliamentary election in the constituency. |
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| | | (9) | In each year, the petition officer of each constituency in England and Wales, |
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| | | Scotland and Northern Ireland shall on the relevant day, determine the number |
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| | | that is equal to 5% of the number of persons entitled to vote as an elector at a |
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| | | parliamentary election in the constituency (“the effective number”). |
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| | | (10) | “The relevant day” for the purposes of subsection (9) means, the day on which the |
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| | | registration officer publishes a revised version of electoral register under section |
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| | | 13 of the Representation of the People Act 1983.”. |
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| | | Member’s explanatory statement
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| | | This New Clause adds in the process for notices of intent to recall; who is eligible to sign such a |
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| | | notice and how the petition officer is to determine whether it is effective, leading on then to a recall |
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| | | petition notice being issued. |
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| | To move the following Clause— |
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| | | “Promoter’s statement of reason and Members’ statement in reply |
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| | | (11) | A notice of intent to recall may be deposited with a petition officer by a person |
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| | | (a) | who promotes the recall from Parliament of the member to whom the |
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| | | |
| | | (b) | who is entitled to vote on the day it is deposited as an elector at a |
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| | | parliamentary election in the constituency to which the notice relates; and |
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| | | (c) | whose name appears on the notice. |
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| | | (12) | The promoter must ensure that the signing sheet for a notice of intent to recall |
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| | | includes a statement of reasons for calling for the member’s recall to Parliament |
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| | | (“The promoter’s statement of reasons”). |
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| | | (13) | The member may respond to the statement of reasons in a written statement in |
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| | | reply (“member’s statement in reply”) sent to the petition officer after the notice |
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| | | of intent to recall has been deposited with that officer. |
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| | | (14) | The notice of petition sent out under section 8(1) must be accompanied by— |
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| | | (a) | the promoter’s statement of reasons, and |
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| | | (b) | any statement in reply if provided to the petition officer within 2 working |
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| | | days of the notices being sent out. |
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| | | (15) | The statement of reason and any statement in reply must not exceed 200 words |
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| | | each and must be made available by the petition officer at the designated places |
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| | | throughout the signing period.” |
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| | | Member’s explanatory statement
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| | | This amendment makes provision for the person who deposits the notice of intent to recall with the |
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| | | petition officer, known as the promoter, to include with the notice, a statement of reasons. The |
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| | | member then has a right of reply and both the statement of reasons and any statement in reply must |
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| | | be available with a recall petition throughout the signing period. |
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| | To move the following Clause— |
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| | | “Regulations as to extension of recall to local government etc., |
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| | | (1) | The Secretary of State may be regulations apply or incorporate, with or without |
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| | | modifications or exceptions, any provision of or made under this Act or any other |
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| | | enactment for the purposes of extending a system of recall to the offices to which |
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| | | (2) | This section applies to the following offices— |
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| | | (a) | an elected member of— |
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| | | (i) | a local authority within the meaning of section 270(1) of the |
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| | | Local Government Act 1972, and |
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| | | (ii) | the Greater London Authority, in accordance with the Greater |
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| | | London Authority Act 1999 (that is, the Mayor of London and a |
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| | | member of the Assembly for London), and |
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| | | (b) | an elected mayor, which for these purposes— |
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| | | (i) | in relation to England, has the same meaning as in Part 1A of the |
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| | | Local Government Act 2000, and |
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| | | (ii) | in relation to Wales, has the same meaning as in Part II of the |
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| | | Local Government Act 2000, and |
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