Referendum (English Parliament) Bill
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A
B I L L
TO
Make provision for the holding of a referendum in England on the establishment and tax-varying powers of an English Parliament.
BE 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:-
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| Referendum in England. |
1. - (1) On such day as Her Majesty may by Order in Council appoint, a referendum shall be held in England on the establishment and tax-varying powers of an English Parliament.
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(2) The propositions to be voted on in the referendum and the front of the ballot papers to be used for that purpose shall be in the form set out in the Schedule to this Act.
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(3) Those entitled to vote in the referendum shall be the persons who, on the date of the referendum, would be entitled to vote as electors at a local government election in England.
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(4) The Secretary of State shall appoint a Chief Counting Officer for England.
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(5) The Chief Counting Officer shall appoint a counting officer for each local government area in England.
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(6) Each counting officer shall-
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(a) conduct the counting of votes in the area for which he is appointed in accordance with any directions given by the Chief Counting Officer, and |
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(b) certify, for each of the two forms of ballot paper, the number of ballot papers counted by him and the number of votes cast for each proposition. |
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(7) The Chief Counting Officer shall certify, for each of the two forms of ballot paper, the total of-
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(a) the ballot papers counted, and |
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(b) the votes cast for each proposition, |
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for the whole of England.
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| Referendum: supplementary. |
2. - (1) An Order in Council under section 1(1) may include provision relating to the conduct of the referendum, including provision applying, with or without modifications, any enactment (and in particular any enactment relating to elections) or any provision made under an enactment.
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(2) Section 1(3) shall have effect subject to any provision of an Order in Council under section 1(1) which provides for alterations made after a specified date in a register of electors to be disregarded.
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(3) No recommendation shall be made to Her Majesty in Council to make an Order under section 1(1) unless a draft of the Order has been laid before, and approved by resolution of, each House of Parliament.
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(4) The council for any local government area in England shall place the services of its officers at the disposal of any person who is acting as returning officer in relation to that local government area.
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| Exclusion of legal proceedings. |
3. No court shall entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by the Chief Counting Officer or a counting officer appointed in accordance with section 1(4) or (5).
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| Expenditure. |
4. - (1) There shall be charged on and paid out of the Consolidated Fund any expenditure which is to be charged on and paid out of that Fund by virtue of any enactment applied by an Order in Council under section 1(1).
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(2) Any expenditure of the Secretary of State in connection with a referendum held by virtue of this Act shall be paid out of money provided by Parliament.
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| Short title. |
5. This Act may be cited as the Referendum (English Parliament) Act 1998.
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