Fixed-term Parliaments Act 2011 (Repeal) Bill [HL] (HL Bill 86)

A

BILL

TO

Repeal the Fixed-term Parliaments Act 2011; to make provision about the
dissolution of Parliament and the determination of polling days for
parliamentary general elections; and for connected purposes.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Repeal of the Fixed-term Parliaments Act 2011

The Fixed-term Parliaments Act 2011 is repealed.

2 Polling days for parliamentary general elections

(1) This section applies for the purposes of the Timetable in rule 1 in Schedule 1 to
5the Representation of the People Act 1983 and is subject to section 3.

(2) The polling day for the next parliamentary general election after the passing of
this Act is to be 2 May 2024, unless an early general election is called in
accordance with section 3.

(3) The polling day for each subsequent parliamentary general election is to be the
10first Thursday following the elapse of five years from the polling day for the
previous parliamentary general election unless an early general election is
called in accordance with section 3.

(4) The Parliament then in existence dissolves at the beginning of the 25th working
day before the polling day for the next parliamentary general election.

3 15Early parliamentary general elections

(1) An early parliamentary general election is to take place if Her Majesty by
proclamation dissolves the Parliament then in existence.

(2) If the Parliament then in existence is dissolved in accordance with subsection
(1) , the proclamation referred to in that subsection is to appoint the polling day
20for that election.

Fixed-term Parliaments Act 2011 (Repeal) Bill [HL] Page 2

4 Dissolution of Parliament

(1) The dates of polling day and dissolution are to be determined only in
accordance with section 2(2) to (4) or section 3, and may not be altered by
resolution or otherwise.

(2) 5Once Parliament dissolves, the Lord Chancellor and, in relation to Northern
Ireland, the Secretary of State have the authority to have the writs for the
election sealed and issued (see rule 3 in Schedule 1 to the Representation of the
People Act 1983).

(3) Once Parliament dissolves, Her Majesty may issue the proclamation
10summoning the new Parliament which may—

(a) appoint the day for the first meeting of the new Parliament;

(b) deal with any other matter which was normally dealt with before the
passing of the Fixed-term Parliaments Act 2011 by proclamations
summoning new Parliaments.

(4) 15In section 2(4) “working day” means any day other than—

(a) a Saturday or Sunday;

(b) a Christmas Eve, Christmas Day or Good Friday;

(c) a day which is a bank holiday under the Banking and Financial
Dealings Act 1971 in any part of the United Kingdom;

(d) 20a day appointed for public thanksgiving or mourning.

(5) But, if—

(a) on a day (“the relevant day”) one or more working days are fixed or
appointed as bank holidays or days for public thanksgiving or
mourning, and

(b) 25as a result, the day for the dissolution of a Parliament would (apart
from this subsection) be brought forward from what it was
immediately before the relevant day to a day that is earlier than 30 days
after the relevant day,

the day or days in question are to continue to be treated as working days.

5 30Supplementary provisions

(1) This Act does not affect Her Majesty’s power to prorogue Parliament until
such date as She, and only She, appoints by proclamation.

(2) This Act does not affect the way in which the sealing of a proclamation
summoning a new Parliament may be authorised; and the sealing of a
35proclamation to be issued under section 4(3) may be authorised in the same
way.

(3) The exercise by Her Majesty of the powers under this Act, and the advice
provided to Her Majesty in relation to the exercise of those powers, may not be
impeached or questioned in any court.

6 40Short title, commencement and extent

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force on the day on which it is passed.

Fixed-term Parliaments Act 2011 (Repeal) Bill [HL] Page 3

(3) This Act may be cited as the Fixed-term Parliaments Act 2011 (Repeal) Act
2020.