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25 Short title, extent and commencement | |
(1) This Act may be cited as the European Parliament (Representation) Act 2003. | |
(2) This Act extends to each part of the United Kingdom and to Gibraltar. | |
(3) Part 1, sections 8 and 9 and this Part come into force in each part of the United | |
Kingdom on the passing of this Act but shall not come into force in Gibraltar | 5 |
until such day as the Lord Chancellor may appoint by order made by statutory | |
instrument. | |
(4) Sections 10 to 21 shall not come into force until such day as the Lord Chancellor | |
may appoint by order made by statutory instrument. | |
(5) Different days may be appointed under this section for different purposes. | 10 |
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Schedule | |
Section 6 | |
Schedule 1A to the 2002 Act | |
“SCHEDULE 1A | |
PERIODIC REVIEWS OF DISTRIBUTION OF MEPS | |
Electoral Commission review and recommendation | 5 |
1 (1) As soon as possible after 1st May in a pre-election year the | |
Electoral Commission (“the Commission”) must, subject to | |
paragraph 2— | |
(a) carry out a review (“the periodic review”) of the | |
distribution of MEPs between the electoral regions; and | 10 |
(b) report its conclusions to the Secretary of State. | |
(2) In carrying out the periodic review the Commission must consider | |
whether (assuming that each region is entitled to be allocated at | |
least three MEPs) the ratio of electors to MEPs is as nearly as | |
possible the same for every electoral region. | 15 |
(3) If the Commission concludes that the result mentioned in sub- | |
paragraph (2) is not achieved by the current distribution of MEPs, | |
it must include in its report a recommendation specifying a | |
distribution that would achieve that result. | |
(4) The report must be published by the Commission and laid before | 20 |
Parliament by the Secretary of State. | |
Exclusion or suspension of duties under paragraph 1 | |
2 (1) The Commission may not take any step (or further step) under | |
paragraph 1 if a 2003 Act order is made or a suspension notice is | |
given to the Commission— | 25 |
(a) within the period of 12 months ending with 1st May in the | |
pre-election year in question or, | |
(b) after the end of that period but before the Commission | |
makes its report, | |
unless and until the duties under paragraph 1 revive by virtue of | 30 |
sub-paragraph (2). | |
(2) If the Secretary of State withdraws a suspension notice more than | |
nine months before the date of the poll for the next general election | |
of MEPs, the duties under paragraph 1 revive (but subject again to | |
this paragraph). | 35 |
(3) In this Schedule— | |
“2003 Act order” means an order under section 4 of the | |
European Parliament (Representation) Act 2003 (orders | |
implementing changes in the number of United Kingdom | |
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MEPs) which takes effect in relation to the next general | |
election of MEPs after it is made; and | |
“suspension notice” means a notice stating that the | |
Secretary of State considers it likely that a 2003 Act order | |
will be made before the next general election of MEPs. | 5 |
Implementation of Electoral Commission recommendation | |
3 (1) Where a recommendation under paragraph 1(3) is made to him, | |
the Secretary of State must— | |
(a) lay before Parliament a draft of an order giving effect to the | |
recommendation by amending any of the numbers | 10 |
specified in section 1(3); and | |
(b) if the draft is approved by resolution of each House, make | |
an order in the terms of the draft. | |
(2) An order under this paragraph may make consequential, | |
supplementary, incidental transitional or saving provision | 15 |
(including provision modifying any provision made by or under | |
an Act). | |
(3) The Secretary of State must consult the Commission before laying | |
an order under this paragraph before Parliament. | |
(4) This paragraph has effect subject to paragraphs 4 and 5. | 20 |
4 (1) If a motion for the approval of a draft of an order under paragraph | |
3 is rejected by either House or withdrawn by leave of the House, | |
the Secretary of State may, after consulting the Commission, alter | |
the draft order and lay it before Parliament for approval. | |
(2) But the Secretary of State may not, without the consent of the | 25 |
Commission, alter a draft order so as to propose a distribution of | |
MEPs other than that recommended under paragraph 1(3). | |
(3) The Commission may not give its consent under sub-paragraph | |
(2) unless it is satisfied that the distribution of MEPs could have | |
been recommended under paragraph 1(3). | 30 |
(4) If an altered draft order is approved by both Houses the Secretary | |
of State must make an order under paragraph 3 in terms of the | |
altered draft. | |
(5) This paragraph has effect subject to paragraph 5. | |
Exclusion or suspension of duties and powers under paragraph 3 or 4 | 35 |
5 (1) The Secretary of State may not take any step (or further step) | |
under paragraph 3 or 4 if a 2003 Act order is made before he would | |
otherwise have taken it. | |
(2) Subject to that, the Secretary of State is not required to take any | |
step (or further step) under paragraph 3 or 4 if and so long as he is | 40 |
of the opinion that it is likely that a 2003 Act order will be made | |
before the next general election of MEPs. | |
(3) But if he ceases to be of that opinion, the Secretary of State— | |
(a) may not make an order under paragraph 3 on or after the | |
relevant day; and | 45 |
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(b) is not required not take any other step under paragraph 3 | |
or 4 if he does not consider that it will be practicable to | |
make an order under paragraph 3 before the relevant day. | |
(4) In sub-paragraph (3) “the relevant day” means the first day of the | |
period of four months ending with the day on which the poll for | 5 |
the next general election of MEPs is to be held. | |
Supplementary | |
6 (1) In this Schedule— | |
“general election of MEPs” means an election required to be | |
held in the United Kingdom by virtue of Article 10(2) of | 10 |
the Act annexed to Council Decision 76/787; | |
“pre-election year” means a year (including 2003) which | |
immediately precedes a year in which a general election | |
of MEPs is to be held; and | |
“relevant register” means— | 15 |
(a) a register of parliamentary electors; | |
(b) a register of local government electors; | |
(c) a register of peers maintained under section 3 of | |
the Representation of the People Act 1985 (peers | |
resident outside the United Kingdom); and | 20 |
(d) a register maintained under regulation 5 of the | |
European Parliamentary Elections (Franchise of | |
Relevant Citizens of the Union) Regulations 2001 | |
(SI 2001/1184) (citizens of the European Union | |
other than Commonwealth and Republic of | 25 |
Ireland citizens). | |
(2) For the purposes of paragraph 1(2) a person is an “elector”, in | |
relation to an electoral region, if his name appears on 1st May in | |
the pre-election year concerned in (or in any part of) a relevant | |
register which relates to the region. | 30 |
(3) In calculating the total number of electors for any electoral | |
region— | |
(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 | 35 |
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 parts of registers) which relate to an | |
electoral region are the names of different electors.” | 40 |
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European Parliament (Representation) Bill | |
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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. | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered, by The House of Commons, | | | | | to be Printed, 21st November 2002. | | |
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