Referendums (Scotland and Wales) Bill

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

EXPLANATORY AND FINANCIAL MEMORANDUM

The purpose of this Bill is to make provision for-

   (a) a referendum to be held in Scotland on the propositions:

      (i) that there should be a Scottish Parliament; and

      (ii) that a Scottish Parliament should have tax-varying powers; and

   (b) a referendum to be held in Wales on the proposition that there should be a Welsh Assembly.

It makes provision as to the counting of votes and enables provision to be made by Order in Council for the conduct of the referendum.

It also authorises the Secretary of State to incur preliminary expenditure in preparation for the establishment of a Scottish Parliament or Welsh Assembly.

Clause 1 authorises the holding of the referendum in Scotland. It authorises the date of the referendum to be appointed by Order in Council. It stipulates that the propositions to be voted on and the front of the ballot papers should be as in Schedule 1. It stipulates that those entitled to vote in the referendum will be those who would be entitled at the date of the referendum to vote in local government elections in Scotland. It provides for the appointment of a Chief Counting Officer for Scotland, who is responsible for the appointment of a counting officer for each local government area in Scotland. It further provides that each counting officer is to be responsible for the counting of the votes, and the certification of the numbers of ballot papers counted and votes cast for each proposition in the relevant local government area. It provides that the Chief Counting Officer shall certify the total of the ballot papers counted, and the votes cast for each proposition for the whole of Scotland.

Clause 2 authorises the holding of the referendum in Wales. It authorises the date of the referendum to be appointed by Order in Council. It stipulates that the propositions to be voted on and the front of the ballot paper should be as in Schedule 2. It stipulates that those entitled to vote in the referendum will be those who would be entitled at the date of the referendum to vote in county or county borough elections in Wales. It provides for the appointment of a Chief Counting Officer for Wales, who is responsible for the appointment of a counting officer for each county or county borough in Wales. It further provides that each counting officer is to be responsible for the counting of the votes, and the certification of the numbers of ballot papers counted and votes cast for each proposition in the relevant county or county borough. It provides that the Chief Counting Officer shall certify the total of the ballot papers counted, and the votes cast for each proposition for the whole of Wales.

Clause 3 authorises the inclusion in an Order in Council made under clause 1 or 2 of provision relating to the conduct of the referendums. Such an Order in Council may also make provision that alterations to a register of electors after a specified date should be disregarded for the purposes of determining who would be entitled to vote in the referendums. No recommendation to make such an Order in Council may be made to Her Majesty unless a draft has first been approved by resolution of each House of Parliament. The clause also requires Welsh county or county borough councils to place the services of their staff at the disposal of the person acting as counting officer or returning officer for their area.

Clause 4 excludes the possibility of legal proceedings to question the results of a referendum as certified by a Chief Counting Officer or counting officer.

Clause 5(1) provides for the charges and expenses of Chief Counting Officers, counting officers and returning officers to be paid out of the Consolidated Fund.

Clause 5(2) makes provision for expenditure of the Secretary of State in connection with the referendums and in preparation for the establishment of a Scottish Parliament or a Welsh Assembly.

Financial effects of the Bill

The total estimated cost to public funds of the referendums is £8 million: £5 million in Scotland and £3 million in Wales. This calculation is based on a combination of adjusting for inflation the costs of the referendums in 1979 and the costs in Scotland and Wales of the recent general election. The maximum cost of the preliminary work for the Scottish Parliament is estimated at between £18 and £25 million and for the Welsh Assembly is estimated at between £5 and £15 million.

Effects of the Bill on civil service manpower

The Bill will not require any increase in the number of permanent staff in the public service. The machinery for running parliamentary elections will be used.

Referendums (Scotland and Wales) Bill

	EXPLANATORY AND FINANCIAL MEMORANDUM
	The purpose of this Bill is to make provision for-
	(a) a referendum to be held in Scotland on the propositions:
	(i) that there should be a Scottish Parliament; and
	(ii) that a Scottish Parliament should have tax-varying powers; and
	(b) a referendum to be held in Wales on the proposition that there should be a Welsh Assembly.
	It makes provision as to the counting of votes and enables provision to be made by Order in Council for the conduct of the referendum.
	It also authorises the Secretary of State to incur preliminary expenditure in preparation for the establishment of a Scottish Parliament or Welsh Assembly.
	Clause 1 authorises the holding of the referendum in Scotland. It authorises the date of the referendum to be appointed by Order in Council. It stipulates that the propositions to be voted on and the front of the ballot papers should be as in Schedule 1. It stipulates that those entitled to vote in the referendum will be those who would be entitled at the date of the referendum to vote in local government elections in Scotland. It provides for the appointment of a Chief Counting Officer for Scotland, who is responsible for the appointment of a counting officer for each local government area in Scotland. It further provides that each counting officer is to be responsible for the counting of the votes, and the certification of the numbers of ballot papers counted and votes cast for each proposition in the relevant local government area. It provides that the Chief Counting Officer shall certify the total of the ballot papers counted, and the votes cast for each proposition for the whole of Scotland.
	Clause 2 authorises the holding of the referendum in Wales. It authorises the date of the referendum to be appointed by Order in Council. It stipulates that the propositions to be voted on and the front of the ballot paper should be as in Schedule 2. It stipulates that those entitled to vote in the referendum will be those who would be entitled at the date of the referendum to vote in county or county borough elections in Wales. It provides for the appointment of a Chief Counting Officer for Wales, who is responsible for the appointment of a counting officer for each county or county borough in Wales. It further provides that each counting officer is to be responsible for the counting of the votes, and the certification of the numbers of ballot papers counted and votes cast for each proposition in the relevant county or county borough. It provides that the Chief Counting Officer shall certify the total of the ballot papers counted, and the votes cast for each proposition for the whole of Wales.
	Clause 3 authorises the inclusion in an Order in Council made under clause 1 or 2 of provision relating to the conduct of the referendums. Such an Order in Council may also make provision that alterations to a register of electors after a specified date should be disregarded for the purposes of determining who would be entitled to vote in the referendums. No recommendation to make such an Order in Council may be made to Her Majesty unless a draft has first been approved by resolution of each House of Parliament. The clause also requires Welsh county or county borough councils to place the services of their staff at the disposal of the person acting as counting officer or returning officer for their area.
	Clause 4 excludes the possibility of legal proceedings to question the results of a referendum as certified by a Chief Counting Officer or counting officer.
	Clause 5(1) provides for the charges and expenses of Chief Counting Officers, counting officers and returning officers to be paid out of the Consolidated Fund.
	Clause 5(2) makes provision for expenditure of the Secretary of State in connection with the referendums and in preparation for the establishment of a Scottish Parliament or a Welsh Assembly.
	Financial effects of the Bill
	The total estimated cost to public funds of the referendums is £8 million: £5 million in Scotland and £3 million in Wales. This calculation is based on a combination of adjusting for inflation the costs of the referendums in 1979 and the costs in Scotland and Wales of the recent general election. The maximum cost of the preliminary work for the Scottish Parliament is estimated at between £18 and £25 million and for the Welsh Assembly is estimated at between £5 and £15 million.
	Effects of the Bill on civil service manpower
	The Bill will not require any increase in the number of permanent staff in the public service. The machinery for running parliamentary elections will be used.