Referendums (Scotland and Wales) Bill

House of Commons Session 1997-98
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Referendums (Scotland and Wales) Bill

This is the text of the Referendums (Scotland and Wales) Bill, as presented to the House of Commons on 15 May 1997

EXPLANATORY AND FINANCIAL MEMORANDUM

A

B I L L

TO
Make provision for the holding of a referendum in Scotland on the establishment and tax-varying powers of a Scottish Parliament and a referendum in Wales on the establishment of a Welsh Assembly; and for expenditure in preparation for the establishment of a Scottish Parliament or a Welsh Assembly.
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:-

Referendum in Scotland.     1. - (1) On such day as Her Majesty may by Order in Council appoint, a referendum shall be held in Scotland on the establishment and tax-varying powers of a Scottish Parliament.

    (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 Schedule 1.

    (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 any electoral area in Scotland.

    (4) The Secretary of State shall appoint a Chief Counting Officer for Scotland.

    (5) The Chief Counting Officer shall appoint a counting officer for each local government area in Scotland.

    (6) Each counting officer shall-

(a) conduct the counting of votes cast in the area for which he is appointed in accordance with any directions given by the Chief Counting Officer, and

(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.

    (7) The Chief Counting Officer shall certify, for each of the two forms of ballot paper, the total of-

(a) the ballot papers counted, and

(b) the votes cast for each proposition,

for the whole of Scotland.

Referendum in Wales.     2. - (1) On such day as Her Majesty may by Order in Council appoint, a referendum shall be held in Wales on the establishment of a Welsh Assembly.

    (2) The propositions to be voted on in the referendum and the front of the ballot paper to be used for that purpose shall be in the form set out in Schedule 2.

    (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 an election for a county council or county borough council in Wales.

    (4) The Secretary of State shall appoint a Chief Counting Officer for Wales.

    (5) The Chief Counting Officer shall appoint a counting officer for each county or county borough in Wales.

    (6) Each counting officer shall-

(a) conduct the counting of votes cast in the area for which he is appointed in accordance with any directions given by the Chief Counting Officer, and

(b) certify the number of ballot papers counted by him and the number of votes cast for each proposition.

    (7) The Chief Counting Officer shall certify the total of-

(a) the ballot papers counted, and

(b) the votes cast for each proposition,

for the whole of Wales.

Referendums: supplementary.     3. - (1) An Order in Council under section 1(1) or 2(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.

    (2) Sections 1(3) and 2(3) shall have effect subject to any provision of an Order in Council under section 1(1) or 2(1) which provides for alterations made after a specified date in a register of electors to be disregarded.

    (3) No recommendation shall be made to Her Majesty in Council to make an Order under section 1(1) or 2(1) unless a draft of the Order has been laid before, and approved by resolution of, each House of Parliament.

    (4) The council for any county or county borough in Wales shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that county or county borough.

Exclusion of legal proceedings.     4. No court shall entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by a Chief Counting Officer or counting officer appointed in accordance with section 1(4) or (5) or 2(4) or (5).

Expenditure.     5. - (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) or 2(1).

    (2) Any expenditure of the Secretary of State-

(a) in connection with a referendum held by virtue of this Act, or

(b) in preparation for the establishment of a Scottish Parliament or a Welsh Assembly,

shall be paid out of money provided by Parliament.

Short title.     6. This Act may be cited as the Referendums (Scotland and Wales) Act 1997.

S C H E D U L E S

SCHEDULE 1

REFERENDUM IN SCOTLAND

PART I

FORM OF FIRST BALLOT PAPER

Parliament has decided to consult people in Scotland on the Government's proposals for a Scottish Parliament:

Put a cross (X) in the appropriate box

   I AGREE THAT THERE SHOULD BE A SCOTTISH
   PARLIAMENT

or

   I DO NOT AGREE THAT THERE SHOULD BE A
   SCOTTISH PARLIAMENT

PART II

FORM OF SECOND BALLOT PAPER

Parliament has decided to consult people in Scotland on the Government's proposals for a Scottish Parliament to have tax-varying powers:

Put a cross (X) in the appropriate box

   I AGREE THAT A SCOTTISH PARLIAMENT
   SHOULD HAVE TAX-VARYING POWERS

or

   I DO NOT AGREE THAT A SCOTTISH
   PARLIAMENT SHOULD HAVE TAX-VARYING POWERS

SCHEDULE 2

REFERENDUM IN WALES: FORM OF BALLOT PAPER

Parliament has decided to consult people in Wales on the Government's proposals for a Welsh Assembly:

Mae'r Senedd wedi penderfynu ymgynghori â phobl yng Nghymru ar gynigion y Llywodraeth ar gyfer Cynulliad i Gymru:

Put a cross (X) in the appropriate box

Rhowch groes (X) yn y blwch priodol

   I AGREE THAT THERE SHOULD BE A WELSH
   ASSEMBLY
   YR WYF YN CYTUNO Y DYLID CAEL
   CYNULLIAD I GYMRU

or neu

   I DO NOT AGREE THAT THERE SHOULD
   BE A WELSH ASSEMBLY
   NID WYF YN CYTUNO Y DYLID CAEL
   CYNULLIAD I GYMRU

© Parliamentary copyright 1997
Prepared 15 May 1997

Referendums (Scotland and Wales) Bill This is the text of the Referendums (Scotland and Wales) Bill, as presented to the House of Commons on 15 May 1997



EXPLANATORY AND FINANCIAL MEMORANDUM