LORDS AMENDMENTS TO THE
EUROPEAN PARLIAMENT (REPRESENTATION) BILL
[The page and line refer to HL Bill 29 as first printed for the Lords.]
Before Clause 2
1	Insert the following new Clause—
	“References to changes under Community law
	(1)    In this Part “change under Community law” (in relation to a change in the
	number of MEPs to be elected for the United Kingdom) means a change
	made by—
	(a)           a treaty provision that is part of the Community Treaties; or
	(b)           any provision of a Council Decision, or of any other instrument,
	made under a treaty provision that is part of the Community
	Treaties.
	(2)    In this Part a reference to a treaty provision being part of the Community
	Treaties is to it being, or being included in provisions which are, specified
	in section 1(2) of the European Communities Act 1972 (c. 68) by virtue of an
	amendment made by an Act (whether passed before or after this Act).
	(3)    In this Part “treaty” includes any international agreement (however
	described) and a protocol or annex to a treaty or other international
	agreement.”
Clause 4
2	Page 3, line 33, leave out subsections (3) and (4) and insert—
	“(2A)       An order making an amendment to section 1 of the 2002 Act may be made
	before the provision making the relevant change has entered into force.
	(2B)       If the relevant change is made by a provision of a treaty, an order making
	such an amendment may also be made before that provision has become
	(  2  )
	part of the Community Treaties and, if the treaty requires ratification,
	before it is ratified by the United Kingdom.
	(2C)       But no amendment to section 1 of the 2002 Act may be made so as to come
	into force—
	(a)           if the relevant change is made by a provision mentioned in section
	(References to changes in Community law)(1)(b), before that provision
	has entered into force; and
	(b)           if the relevant change is made by a treaty provision, before that
	provision has both entered into force and become part of the
	Community Treaties.
	(2D)       In subsections (2A) to (2C) “the relevant change”, in relation to an order
	under this section amending section 1 of the 2002 Act, means the change
	under Community law being implemented by the order.”
Clause 5
3	Page 3, line 40, at end insert—
	“(2A)       Such an order may make consequential, transitional or saving provision.
	(2B)       Provision made under subsection (2A) may modify any enactment.”
Clause 9
4	Page 5, line 16, leave out “and the Chief Minister” and insert “, the Chief Minister
	and the leader of each political party represented in the House of Assembly”
Clause 12
5	Page 6, line 37, leave out subsection (5) and insert—
	“(5)       Such an order may not be made unless a draft of the order has been laid
	before and approved by a resolution of each House of Parliament.
	(5A)       Subsection (5) does not apply to an order (not being an order which
	specifies the existing electoral region to be combined with Gibraltar) if it
	appears to the Lord Chancellor that by reason of urgency the order should
	be made without being approved in draft.
	(5B)       Where an order is made without being approved in draft, by virtue of
	subsection (5A)—
	(a)           it must be laid before Parliament after being made; and
	(b)           if it is not approved by a resolution of each House of Parliament
	within the period of 40 days after the date on which it is made, the
	order shall cease to have effect at the end of that period.”
6	Page 6, line 41, leave out “mentioned in subsection (5)” and insert “which specifies
	the existing electoral region to be combined with Gibraltar”
7	Page 7, line 1, leave out subsection (7)
Clause 13
8	Page 7, line 12, leave out subsections (2) and (3) and insert—
	(  3  )
	“(2)       The Clerk of the House of Assembly of Gibraltar shall (by virtue of his
	office) be the European electoral registration officer for Gibraltar.”
Clause 16
9	Page 8, line 32, leave out “this section” and insert “section 15”
Clause 17
10	Page 9, line 25, leave out subsection (4) and insert—
	“(4)       Such regulations may not be made unless a draft of the regulations has
	been laid before, and approved by a resolution of, each House of
	Parliament.
	(5)       Subsection (4) does not apply to any regulations if it appears to the Lord
	Chancellor that by reason of urgency the regulations should be made
	without being approved in draft.
	(6)       Where regulations are made without being approved in draft, by virtue of
	subsection (5)—
	(a)           the regulations must be laid before Parliament after being made;
	and
	(b)           if the regulations are not approved by a resolution of each House of
	Parliament within the period of 40 days after the date on which it is
	made, the regulations shall cease to have effect at the end of that
	period.”
Clause 19
11	Page 10, line 5, leave out “appointed under” and insert “(within the meaning of”
12	Page 10, line 7, leave out subsection (4) and insert—
	“(4)       In subsection (7) for the words from “the council” to “must” there is
	substituted—
	(a)                                     in the case of an electoral region other than the combined
	region, the council of a relevant area falling wholly or partly
	within that region; and
	(b)                                     in the case of the combined region, the council of a relevant
	area falling wholly or partly within that region and the
	Government of Gibraltar,
	must”.”
Clause 20
13	Page 10, line 28, leave out subsection (3) and insert—
	(  4  )
	“(3)       In section 13 of the 2002 Act (Parliamentary procedure for regulations and
	orders under that Act), after subsection (3) there is inserted—
	“(3A)              An order under section 10(4A) may not be made unless a draft of
	the order has been laid before, and approved by a resolution of,
	each House of Parliament.
	(3B)              Subsection (3A) does not apply if it appears to the Lord Chancellor
	that by reason of urgency the order should be made without being
	approved in draft.
	(3C)              Where an order is made without being approved in draft, by virtue
	of subsection (3A)—
	(a)                 it must be laid before Parliament after being made; and
	(b)                 if it is not approved by a resolution of each House of
	Parliament within the period of 40 days after the date on
	which it is made, the order shall cease to have effect at the
	end of that period.””
Clause 21
14	Page 10, leave out lines 38 to 42
After Clause 21
15	Insert the following new Clause—
	“ Jurisdiction of courts
	(1)    Without prejudice to the generality of the power under which it is made,
	subordinate legislation to which this section applies—
	(a)           may make provision for a judge of the Supreme Court of Gibraltar
	to be appointed as an additional judge (with the two judges acting
	under section 123 of the Representation of the People Act 1983 (c. 2)
	as applied for the purposes of European Parliamentary elections)
	for the trial of an election petition relating to the election of MEPs in
	the combined region; and
	(b)           may, for the purposes of such an election petition—
	(i)                 confer the powers, jurisdiction and authority of a judge of
	the High Court on any Gibraltar judge who is so appointed;
	and
	(ii)                make any other provision necessary to secure that a
	Gibraltar judge so appointed is treated as if he were a judge
	of the High Court.
	(2)    Without prejudice to the generality of the power under which it is made,
	subordinate legislation to which this section applies may—
	(a)                         confer jurisdiction over any matter connected with the election of
	MEPs in the combined region on an election court constituted
	under section 123 of the Representation of the People Act 1983 (c. 2)
	(as applied for the purposes of European Parliamentary elections);
	(b)                         confer jurisdiction over any such matter (not being a matter within
	the jurisdiction of the election court) on—
	(i)                 one or more courts in the United Kingdom;
	(  5  )
	(ii)                one or more courts in Gibraltar (whether specified in the
	regulations or left to be determined by or under the law of
	Gibraltar); or
	(iii)               one or more courts in the United Kingdom and one or more
	courts in Gibraltar.
	(3)    This section applies to—
	(a)           an order under section 11;
	(b)           regulations under section 16; and
	(c)           regulations under section 7 of the 2002 Act.”
16	Insert the following new Clause—
	“Effect of statutory powers on capacity of Gibraltar legislature
	(1)    The capacity (apart from this Act) of the Gibraltar legislature to make law
	for Gibraltar is not affected by the existence of a power under this Part or
	the 2002 Act to make subordinate legislation extending to Gibraltar.
	(2)    Subsection (1) does not affect the operation of the Colonial Laws Validity
	Act 1865 (c. 63) in relation to subordinate legislation made under such a
	power.”
Clause 22
17	Page 11, line 16, leave out subsection (3) and insert—
	“(3)       Subordinate legislation to which this subsection applies may make
	provision—
	(a)           for sums required to meet any expenditure (other than expenditure
	to be met from funds provided by Gibraltar) to be—
	(i)                 paid out of money provided by Parliament; or
	(ii)                charged on and paid out of the Consolidated Fund; and
	(b)           for the payment of sums into the Consolidated Fund.”
Clause 24
18	Page 12, line 6, after first “in” insert “or for”
Clause 25
19	Page 12, line 15, leave out “21” and insert “(Effect of statutory powers on capacity of
	Gibraltar legislature)”
The Schedule
20	Page 15, line 1, leave out second “not” and insert “to”

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Revised 8 April 2003