|
| |
| |
A | |
Bill | |
To | |
Make provision enabling alterations to be made to the total number of | |
Members of the European Parliament to be elected for the United Kingdom | |
and to their distribution between the electoral regions; to make provision for | |
and in connection with the establishment of an electoral region including | |
Gibraltar for the purposes of European Parliamentary elections; and for | |
connected purposes. | |
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:— | |
Part 1 | |
Changes in total number of United Kingdom MEPs | |
Preliminary | |
1 Electoral regions in the United Kingdom | |
For section 1 of the European Parliamentary Elections Act 2002 (“the 2002 Act”) | 5 |
(electoral regions and number of MEPs) there is substituted— | |
“1 Number of MEPs and electoral regions | |
(1) There shall be 87 members of the European Parliament (“MEPs”) | |
elected for the United Kingdom. | |
(2) For the purposes of electing those MEPs— | 10 |
(a) England is divided into the nine electoral regions specified in | |
Schedule 1; and | |
(b) Scotland, Wales and Northern Ireland are each single electoral | |
regions. | |
(3) The number of MEPs to be elected for each electoral region is as | 15 |
follows— | |
| |
| |
| |
|
| |
| |
| |
| | East Midlands | 6 | | | | | Eastern | 8 | | | | | London | 10 | | | | | North East | 4 | | 5 | | | North West | 10 | | | | | South East | 11 | | | | | South West | 7 | | | | | West Midlands | 8 | | | | | Yorkshire and the Humber | 7 | | 10 | | | Scotland | 8 | | | | | Wales | 5 | | | | | Northern Ireland | 3.” | | |
|
Electoral Commission recommendations | |
2 Recommendations by Electoral Commission relating to changes in number of | 15 |
United Kingdom MEPs | |
(1) The Lord Chancellor may by notice require the Electoral Commission to make | |
a recommendation to him as to the distribution between the electoral regions | |
of— | |
(a) a total number of MEPs specified in the notice; or | 20 |
(b) if the notice specifies more than one total number of MEPs, each of the | |
total numbers so specified. | |
(2) The power to give such a notice is exercisable with a view to the | |
implementation of any change or anticipated change under Community law in | |
the total number of MEPs to be elected for the United Kingdom. | 25 |
(3) The Electoral Commission must comply with such a notice within the period | |
specified in the notice. | |
(4) In determining what recommendation to make for the distribution of any total | |
number of MEPs, the Electoral Commission must ensure that— | |
(a) each electoral region is allocated at least three MEPs; and | 30 |
(b) the ratio of electors to MEPs is as nearly as possible the same in each | |
electoral region. | |
(5) A recommendation under this section— | |
(a) must be published by the Electoral Commission and laid before | |
Parliament by the Lord Chancellor; and | 35 |
(b) ceases to have effect at the end of the period of one year beginning with | |
the day on which it is made. | |
| |
| |
|
| |
| |
3 Section 2: meaning of “elector” | |
(1) For the purposes of section 2(4) an elector, in relation to an electoral region, is | |
a person whose name appears on the relevant day in (or in any part of) a | |
relevant register which relates to the region. | |
(2) In subsection (1)— | 5 |
“relevant day” means 1st December preceding the day on which the | |
notice under section 2 is given; and | |
“relevant register” has the same meaning as in Schedule 1A to the 2002 | |
Act (periodic reviews). | |
(3) In calculating the total number of electors for any electoral region— | 10 |
(a) a citizen of the European Union (not being a Commonwealth citizen or | |
a citizen of the Republic of Ireland) who is registered only for the | |
purposes of local government elections is to be disregarded; and | |
(b) the Electoral Commission may assume that each relevant register is | |
accurate and that names appearing more than once on registers (or | 15 |
parts of registers) which relate to an electoral region are the names of | |
different electors. | |
Implementation of changes | |
4 Orders implementing changes in the number of United Kingdom MEPs | |
(1) The Lord Chancellor may by order give effect to a change under Community | 20 |
law in the number of MEPs to be elected for the United Kingdom by | |
amending— | |
(a) the figure specified in section 1(1) of the 2002 Act (total number of | |
MEPs to be elected for the United Kingdom); and | |
(b) any of the figures specified in section 1(3) of that Act (numbers of MEPs | 25 |
to be elected in the electoral regions). | |
(2) The distribution of MEPs resulting from the provision made under subsection | |
(1)(b) must (subject to section 5(4) to (6)) be the distribution proposed in a | |
recommendation of the Electoral Commission under section 2 which is | |
effective on the day on which the order is made. | 30 |
(3) An order under this section may make consequential, supplementary, | |
incidental, transitional or saving provision (including provision modifying | |
any Act). | |
(4) The Lord Chancellor must consult the Electoral Commission before making an | |
order under this section. | 35 |
5 Section 4: supplementary | |
(1) This section applies to orders under section 4. | |
(2) The power to make such an order is exercisable by statutory instrument. | |
(3) An order which contains amendments to section 1 of the 2002 Act may not be | |
made unless a draft of it has been laid before, and approved by a resolution of, | 40 |
each House of Parliament. | |
| |
| |
|
| |
| |
(4) If a motion for the approval of a draft order is rejected by either House or | |
withdrawn by leave of the House the Lord Chancellor may, after consulting the | |
Electoral Commission, alter the draft order. | |
(5) But the Lord Chancellor may not, without the consent of the Electoral | |
Commission, alter any amendments to section 1(3) of the 2002 Act contained in | 5 |
the draft order. | |
(6) The Electoral Commission may not give its consent under subsection (5) unless | |
it is satisfied that the distribution of MEPs proposed by the altered draft order | |
could have been recommended under section 2. | |
(7) A statutory instrument containing an order that is not subject to approval in | 10 |
draft under subsection (3) is subject to annulment in pursuance of a resolution | |
of either House of Parliament. | |
Supplementary | |
6 Periodic reviews of distribution of MEPs | |
(1) After section 1 of the 2002 Act there is inserted— | 15 |
“1A Periodic reviews of distribution of MEPs | |
Schedule 1A (which provides for periodic reviews by the Electoral | |
Commission of the distribution of MEPs between the electoral regions) | |
has effect.” | |
(2) After Schedule 1 to the 2002 Act there is inserted the Schedule 1A set out in the | 20 |
Schedule to this Act. | |
7 Consequential amendments | |
(1) The 2002 Act is amended as follows. | |
(2) In section 13(3) (instruments subject to annulment) paragraph (b) and the | |
preceding “or” are repealed. | 25 |
(3) In Schedule 1 (electoral regions in England)— | |
(a) for paragraph 1 (and the preceding heading) there is substituted— | |
“1 The electoral regions in England are listed in column (1) of | |
the Table below and comprise the areas specified in column | |
(2) of the Table).”; | 30 |
(b) in paragraph 2 (changes to areas specified in column (2) of the Table) in | |
sub-paragraph (1), for the words from “in” to “area” (in the first place it | |
appears) there is substituted “to an area specified in column (2) of the | |
Table”; and | |
(c) paragraphs 3 and 4 (with the preceding heading), and column (3) of the | 35 |
Table, are repealed. | |
| |
| |
|
| |
| |
Part 2 | |
Gibraltar | |
New combined electoral region | |
8 Combination of Gibraltar with existing electoral region | |
Gibraltar is to be combined with an existing electoral region in England and | 5 |
Wales to form a new electoral region (“the combined region”) for the purposes | |
of European Parliamentary elections taking place after 1st April 2004. | |
9 Electoral Commission recommendation as to the electoral region to be | |
combined with Gibraltar | |
(1) The Electoral Commission must, before 1st September 2003— | 10 |
(a) consider which of the existing electoral regions in England and Wales | |
should be combined with Gibraltar; and | |
(b) report its conclusions (with a recommendation as to which existing | |
region should be so combined) to the Lord Chancellor. | |
(2) Before determining what recommendation to make under subsection (1)(b) the | 15 |
Electoral Commission must consult the Governor and the Chief Minister of | |
Gibraltar. | |
(3) The report required by this section must be published by the Electoral | |
Commission and laid before Parliament by the Lord Chancellor. | |
10 Establishment of combined region | 20 |
(1) The Lord Chancellor may by order— | |
(a) specify the existing electoral region to be combined with Gibraltar to | |
form the combined region; and | |
(b) make provision establishing the combined region. | |
(2) The existing electoral region specified under subsection (1)(a) must (subject to | 25 |
section 12(6)) be the one recommended by the Electoral Commission under | |
section 9. | |
(3) The Lord Chancellor must consult the Electoral Commission before making an | |
order under this section. | |
11 Power to make consequential etc provision | 30 |
(1) The Lord Chancellor may by order make such provision as he considers | |
necessary or expedient in consequence of, or in connection with, the inclusion | |
of Gibraltar in an electoral region for the purposes of European Parliamentary | |
elections. | |
(2) Such an order may be made before or after the combined region is established | 35 |
under section 10. | |
(3) Without prejudice to the generality of subsection (1), the provision which may | |
be made under this section includes provision about— | |
| |
| |
|
| |
| |
(a) the registration of political parties established in Gibraltar (as a | |
condition for nomination in relation to a European Parliamentary | |
election in the combined region) and the obligations of registered | |
parties in Gibraltar and their officers; | |
(b) the control of any description of donation to registered parties in | 5 |
Gibraltar or to their members or officers; | |
(c) the obligations of persons providing programme services in or to | |
Gibraltar, and the functions of any public authority in Gibraltar | |
responsible for the regulation of persons providing such services, in | |
relation to European Parliamentary elections and election campaigns. | 10 |
(4) In subsection (3)— | |
“donation” includes anything which is (or corresponds to) a donation | |
within the meaning of Part 4 of the Political Parties, Elections and | |
Referendums Act 2000 (c. 41); and | |
“programme services” includes services which would, if Gibraltar were | 15 |
part of the United Kingdom, be programme services (including digital | |
services), teletext services or local delivery services for the purposes of | |
the Broadcasting Act 1990 (c. 42). | |
(5) The Lord Chancellor must consult the Electoral Commission before making an | |
order under this section. | 20 |
(6) The power under this section is not restricted by any other provision of this | |
Part. | |
12 Sections 10 and 11: supplementary | |
(1) This section applies to orders under section 10 or 11. | |
(2) The power to make such an order is exercisable by statutory instrument. | 25 |
(3) Such an order may— | |
(a) make consequential, supplementary, incidental, transitional or saving | |
provision; | |
(b) make provision extending or applying to (or extending or applying | |
only to) Gibraltar or any part of the United Kingdom; and | 30 |
(c) make different provision for different electoral regions or for different | |
parts of the combined region. | |
(4) Such an order may modify, exclude or apply, with or without modifications— | |
(a) any provision made by or under an Act (including any provision which | |
is modified by or under this Act or which confers power to make | 35 |
subordinate legislation); and | |
(b) any provision of the law of Gibraltar. | |
(5) An order to which this section applies which contains provision specifying the | |
existing electoral region to be combined with Gibraltar (with or without other | |
provision) may not be made unless a draft of the order has been laid before, | 40 |
and approved by a resolution of, each House of Parliament. | |
(6) If a motion for the approval of a draft order mentioned in subsection (5) is | |
rejected by either House or withdrawn by leave of the House, the Lord | |
Chancellor may, after consulting the Electoral Commission, alter the draft | |
order. | 45 |
| |
| |
|
| |
| |
(7) A statutory instrument containing an order to which this section applies, not | |
being one that is subject to approval in draft under subsection (5), is subject to | |
annulment in pursuance of a resolution of either House of Parliament. | |
(8) If, apart from this subsection, an order to which this section applies would be | |
treated for the purposes of the standing orders of either House of Parliament | 5 |
as a hybrid instrument, it shall proceed as if it were not such an instrument. | |
Electoral registration and voting in Gibraltar | |
13 The Gibraltar register | |
(1) There shall be a register of European Parliamentary electors in Gibraltar | |
(referred to in this Act as “the Gibraltar register”) maintained by the European | 10 |
electoral registration officer for Gibraltar. | |
(2) The Governor shall appoint a fit and proper person to be the European | |
electoral registration officer for Gibraltar (and may at any time revoke such an | |
appointment). | |
(3) An appointment under subsection (2) must be published in the Gibraltar | 15 |
Gazette. | |
14 Gibraltar franchise for European Parliamentary elections | |
(1) A person is entitled to vote in Gibraltar as an elector at a European | |
Parliamentary election if on the day of the poll he— | |
(a) is registered in the Gibraltar register; | 20 |
(b) is not subject to a legal incapacity to vote in Gibraltar at such an election | |
(age apart); | |
(c) is a Commonwealth citizen or a citizen of the European Union (other | |
than a Commonwealth citizen); and | |
(d) is at least 18 years of age. | 25 |
(2) Subsection (1)(a) has effect subject to any provision made by or under an Act | |
which provides for alterations made after a specified date in the register to be | |
disregarded. | |
(3) In section 8 of the 2002 Act (persons entitled to vote), at the end there is | |
added— | 30 |
“(8) The entitlement to vote under this section does not apply to voting in | |
Gibraltar.” | |
15 Entitlement to be registered in Gibraltar | |
(1) A person is entitled to be registered in the Gibraltar register if, on the relevant | |
date, he— | 35 |
(a) is resident in Gibraltar; | |
(b) is not subject to a legal incapacity to vote in Gibraltar at a European | |
Parliamentary election (age apart); | |
(c) is a qualifying Commonwealth citizen or a citizen of the European | |
Union (other than a qualifying Commonwealth citizen); and | 40 |
(d) is at least 18 years of age. | |
| |
| |
|
