Act of Union Bill (HL Bill 132)

Act of Union BillPage 20

(2) The other courts provided for the constituent parts of the United Kingdom by
Act of Parliament shall continue to have the jurisdiction conferred on them by
those Acts.

(3) The Lord Chancellor and the Lord Chief Justice shall make arrangements for
5the division of the High Court into the High Court of England and the High
Court of Wales.

UK governance

51 Unified civil service

(1) The civil service of the State continues to be a United Kingdom service as
10constituted in accordance with Chapter 1 of Part 1 of the Constitutional Reform
and Governance Act 2010.

(2) In performing functions under section 3 of that Act (management of the civil
service) the Minister for the Civil Service shall have regard to the desirability
of sharing civil service experience, knowledge and expertise between the
15United Kingdom as a whole and each of its constituent nations and parts.

(3) In relation to the civil service code under section 5 of that Act—

(a) in subsection (2) for the words “covering civil servants who serve the
Scottish Government or the Welsh Government” substitute “covering
civil servants who serve the English Government, the Scottish
20Government, the Welsh Government or the Northern Ireland
Executive”, and

(b) the Minister for the Civil Service shall include provision dealing with
arrangements for facilitating, through secondment or otherwise, the
sharing of civil service experience, knowledge and expertise between
25the United Kingdom as a whole and each of its constituent nations and
parts.

52 Ministerial Council

(1) The Prime Minister shall make arrangements for convening a Ministerial
Council.

(2) 30The Ministerial Council must include—

(a) one or more Ministers of the Crown;

(b) representatives for England;

(c) representatives of the Scottish Government;

(d) representatives of the Welsh Government; and

(e) 35representatives of the Northern Ireland Executive.

(3) The Ministerial Council shall meet at such times as the Prime Minister
determines.

(4) The functions of the Ministerial Council are to—

(a) provide a forum for its members to influence the development of policy
40relating to matters not within the administrative competence of the
members or the legislative competence of the devolved legislatures;

(b) facilitate cooperation and collaboration in relation to matters within the
administrative competence of the members or the legislative
competence of the devolved legislatures; and

Act of Union BillPage 21

(c) discuss matters that seem appropriate to its members.

Part 11 Commencement referendum

53 Commencement principle

(1) 5The preceding Parts of this Act shall not come into force unless their
commencement is approved in a referendum held in accordance with this Part
(“the commencement referendum”) by all of the following—

(a) a majority consisting of at least 65% of the votes cast in the United
Kingdom as a whole; and

(b) 10a majority of the votes cast in England; and

(c) a majority of the votes cast in Scotland; and

(d) a majority of the votes cast in Wales; and

(e) a majority of the votes cast in Northern Ireland.

(2) In this section “votes” means valid votes.

54 15The Questions

(1) The First Question to be put in the commencement referendum is as follows—

  • Do you want the constitutional arrangements set out in the Act of Union
    2018 to come into effect?

  • Yes / No

(2) 20In Wales, the First Question shall also be put in the following form—

  • A ydych yn dymuno i’r trefniadau wedi eu gosod allan yn y Ddeddf
    Uno 2018 i ddod i rym?

  • Ydwyf / Nac ydwyf

(3) The Second Question to be put in the commencement referendum is as
25follows—

  • Which of the following arrangements do you want for Parliament?
    (You can only choose one)

    (a)

    The abolition of the House of Lords; or

    (b)

    The restructuring of the House of Lords.

(4) 30In Wales, the Second Question shall also be put in the following form—

  • Pa un o’r newidiadau canlynol yr ydych yn ei ddeisyf ar gyfer Senedd
    y Deyrnas Gyfunol? (Dim ond un gallwch ddewis)

    (a)

    Diddymu Tœ’r Arglwyddi; neu

    (b)

    Ailstrwythuro Tœ’r Arglwyddi.

(5) 35In England, the commencement referendum is to include the following
additional Question—

  • Which of the following arrangements do you want for England? (You
    can only choose one)

    (a)

    The establishment of an English Parliament; or

    (b)

    40The arrangements for English regional devolution.

Act of Union BillPage 22

(6) The Secretary of State may by regulations make additional provision about the
form and appearance of the referendum Ballot Paper (including additional
provision about the Welsh Ballot Paper).

(7) The Question shall not appear in any other language versions on the Ballot
5Paper; but the referendum authority may issue explanatory material in such
languages as it thinks fit.

(8) Regulations under subsection (6)—

(a) shall be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either
10House of Parliament.

55 Effect of positive vote

(1) If commencement is approved in accordance with section 53, the provisions of
the preceding parts of this Act shall come into force.

(2) The Secretary of State shall by regulations make provision in connection with
15the commencement of this Act.

(3) The regulations may, in particular, make the commencement of particular
provisions dependent on the commencement of Acts dealing with
supplementary and ancillary provisions, as specified in other provisions of this
Act.

(4) 20The regulations—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.

56 Effect of negative vote

(1) 25If commencement is not approved in accordance with section 53, this Act shall
cease to have effect at the end of the day on which the result of the referendum
is published.

(2) Subsection (1) is without prejudice to the operation of section 16 of the
Interpretation Act 1978.

57 30Referendum date

(1) The commencement referendum is to be held on a date appointed by the Prime
Minister by order made by statutory instrument.

(2) The appointed date must be not less than 4 months, and not more than 8
months, after the end of the period of 6 months beginning with the date of
35Royal Assent.

(3) Before appointing a date the Prime Minister must consult—

(a) the First Minister of Scotland,

(b) the First Minister of Wales, and

(c) the First Minister and deputy First Minister of Northern Ireland acting
40jointly.

Act of Union BillPage 23

58 Franchise

(1) A person who would be entitled to vote in a general election held on the day
of the referendum is entitled to vote in the referendum.

(2) No other person is entitled to vote in the referendum.

(3) 5The Secretary of State may by regulations make supplementary provision
about the franchise for the referendum (including transitional provision in
connection with the registration of voters).

(4) Regulations under subsection (3)—

(a) shall be made by statutory instrument, and

(b) 10shall be subject to annulment in pursuance of a resolution of either
House of Parliament.

59 Referendum arrangements

(1) The Secretary of State may by regulations make supplementary provision
about the administrative arrangements for the referendum.

(2) 15Regulations under subsection (1)—

(a) shall be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either
House Parliament.

60 Legal challenge

(1) 20No aspect of the arrangements for or result of the commencement referendum
may be questioned or challenged in any court or tribunal except in accordance
with this section.

(2) Any aspect of the arrangements for or result of the commencement referendum
may be challenged by application to the Supreme Court.

(3) 25An application may be made only—

(a) during the period ending 3 weeks before the date of the ballot; or

(b) during the period of 21 days beginning with the day after the date of
the ballot.

Part 12 30 Final provisions

61 Commencement

(1) This Part and Part 11 come into force on Royal Assent.

(2) Parts 1 to 10 come into force in accordance with the provisions in Part 11.

62 Extent

35This Act extends to the whole of the United Kingdom.

Act of Union BillPage 24

63 Short title

This Act may be cited as the Act of Union 2018.

Act of Union BillPage 25

Section 4SCHEDULE

Central policy areas

Part 1 List of central policy areas

5Constitution

1 The Crown.

Note 1: This paragraph includes—

(a) succession to the Crown; and

(b) regency.

10Note 2: This paragraph does not—

(a) prevent an Act of a subnational Parliament, or an instrument made
under an Act of a subnational Parliament, from making provision
about application to the Crown, to Crown land, to the Duchy of
Cornwall or to the Duchy of Lancaster;

(b) 15include Her Majesty’s prerogative and other executive functions of
government; or

(c) include Crown property.

2 The United Kingdom.

Note: This paragraph includes—

(a) 20the provisions of this Act; and

(b) the constitutional structure of the United Kingdom, including the
relationship between its constituent units.

3 Parliament.

Note: This paragraph includes—

(a) 25elections to Parliament;

(b) the practices and procedure of Parliament;

(c) Parliamentary privilege.

4 The following Acts—

(a) the Scotland Acts 1998 and 2016;

(b) 30the Government of Wales Acts;

(c) the Northern Ireland Act 1998.

5 Ministers of the Crown.

Note 1: This paragraph includes—

(a) appointment of Ministers of the Crown;

Act of Union BillPage 26

(b) codes of practice and conduct governing the behaviour of Ministers
of the Crown.

Note 2: This paragraph does not prevent an Act of a subnational Parliament,
or an instrument made under an Act of a subnational Parliament, from
5conferring functions on, or altering or removing functions of, Ministers of
the Crown (where there is legislative competence to do so).

Foreign affairs

6 Foreign affairs.

Note: this paragraph includes—

(a) 10diplomatic and other relations with foreign countries;

(b) consular matters.

7 International treaties and conventions.

Note: This paragraph does not include implementing, enforcing and
complying with treaties and conventions once entered into.

8 15Membership of the European Union.

Note: This paragraph does not include implementing, enforcing and
complying with obligations of European Union law.

9 The European Economic Area.

Note: This paragraph does not include implementing, enforcing and
20complying with obligations of the European Economic Area.

10 Defence.

Note: This paragraph includes—

(a) the defence of the realm;

(b) the naval, military and air forces of the Crown, including reserve
25forces;

(c) visiting forces;

(d) international headquarters and defence organisations;

(e) war (including the law of war).

11 The North Atlantic Treaty Organisation.

30Rights

12 Human rights.

Economic affairs

13 Central Bank functions.

Note: This paragraph includes—

(a) 35Bank UK;

(b) the exchange rate with non-UK currencies;

Act of Union BillPage 27

(c) the issue and circulation of money; and

(d) all functions conferred on Bank UK by Part 8 of this Act.

14 Monetary policy

Note: This paragraph includes all functions conferred on Bank UK by Part 8
5of this Act.

15 Government borrowing.

Note: This paragraph includes—

(a) borrowing by the Government of the United Kingdom;

(b) borrowing by non-central governments in accordance with Part 8 of
10this Act; and

(c) the provisions of Part 8 of this Act referring to borrowing.

16 Currency.

Note: this paragraph includes—

(a) coinage;

(b) 15bank notes;

(c) legal tender.

17 Regulation of financial services.

Taxation

18 The central taxes listed in section 36(1) (as amended by Finance Act from
20time to time).

Law and order

19 The Supreme Court.

Note 1: This paragraph includes—

(a) the appointment and tenure of judges; and

(b) 25practice and procedure.

Note 2: This paragraph does not prevent an Act of a subnational Parliament,
or an instrument made under an Act of a subnational Parliament, from
making provision—

(a) conferring jurisdiction on the Supreme Court (directly or indirectly);

(b) 30removing or altering jurisdiction conferred on the Supreme Court by
or under an Act of that legislature, or by an instrument made by the
relevant subnational government.

20 National security.

Note: This paragraph includes—

(a) 35terrorism (including cyber-terrorism);

(b) treason.

Act of Union BillPage 28

Home affairs

21 Nationality.

Note: This paragraph includes the acquisition of national statuses by
naturalisation or otherwise.

22 5Immigration.

Note: this paragraph includes—

(a) the Immigration Rules (under section 1 of the Immigration Act 1971);

(b) temporary immigration;

(c) deportation;

(d) 10visas and other entry requirements;

(e) issue of passports and other travel documents.

23 Extradition.

24 Emergency powers.

Public service

25 15The Civil Service.

Note 1: This paragraph includes—

(a) appointments to the Civil Service;

(b) other matters of practice and procedure and administration of the
Civil Service;

(c) 20codes of practice and conduct governing the behaviour of the Civil
Service;

(d) disciplinary procedures in the Civil Service;

(e) the relationship between the Civil Service and the subnational
Parliaments and governments.

25Note 2: This paragraph does not prevent an Act of a subnational Parliament,
or an instrument made under an Act of a subnational Parliament, from
conferring functions on, or altering or removing functions of, officials of the
Civil Service.

26 Political parties.

30Note 1: This paragraph includes legislation about the regulation and
funding of political parties.

Note 2: This paragraph does not—

(a) prevent an Act of a subnational Parliament, or an instrument made
under an Act of a subnational Parliament, from referring to
35membership of political parties (for example, in requiring parties to
be consulted or represented for specified purposes); or

(b) prevent a subnational Parliament from making arrangements to
make payments to members of political parties, or to political parties,
in connection with the performance of subnational Parliamentary
40duties.

Act of Union BillPage 29

Part 2 Amendment of list of central functions

Introduction

27 This Part sets out the mechanism for the amendment of the list of central
5functions in Part 1.

Amending Acts

28 Part 1 may be amended by Act of Parliament.

Amendments on HMG initiative

29 A Bill for an Act of Parliament to amend Part 1 may be presented to
10Parliament by a Minister of the Crown.

30 Before presenting a Bill to amend Part 1, the Minister must consult—

(a) the English Government or English regional government
representatives;

(b) the Scottish Government;

(c) 15the Welsh Government;

(d) the Northern Ireland Executive.

31 When presenting a Bill to amend Part 1, the Minister must lay before
Parliament—

(a) the consultation responses received under paragraph 30;

(b) 20the Government’s reaction to those responses; and

(c) a document explaining the reasons why the Government is satisfied
that the amendment of Part 1 made by the Bill—

(i) is required;

(ii) accords with the principle of subsidiarity; and

(iii) 25complies with any relevant memorandum of understanding
between the Government and any of the bodies listed in
paragraph 30.

Amendments on devolved government initiative

32 A Bill for an Act of Parliament to amend Part 1 may be presented to
30Parliament by—

(a) a Member for a constituency in England, acting on behalf of an
English Minister;

(b) a Member for a constituency in Scotland, acting on behalf of a
Scottish Minister;

(c) 35a Member for a constituency in Wales, acting on behalf of a Welsh
Minister;

(d) a Member for a constituency in Northern Ireland, acting on behalf of
a Northern Ireland Minister.

33 Before a Bill to amend Part 1 is presented by an English Minister, the English
40Government must consult—

(a) the Secretary of State;