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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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