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General | |
9 Interpretation | |
(1) A region is an electoral region for the purposes of the European Parliamentary | |
Elections Act 2002 (c. 24). | |
(2) Local government election has the meaning given by section 203(1) of the | 5 |
Representation of the People Act 1983 (c. 2) (except that it does not include an | |
election to the Greater London Authority). | |
(3) The pilot matters are— | |
(a) when, where and how voting at an election is to take place; | |
(b) how the votes cast at the election are to be counted. | 10 |
(4) The relevant enactments are enactments relating to the conduct of European | |
Parliamentary or local government elections (including the combination of | |
polls at such elections). | |
(5) A relevant local authority is— | |
(a) in relation to England, the council of a county or district, the Council of | 15 |
the Isles of Scilly or the council of a parish if the pilot order makes | |
provision for the conduct of an election to the council; | |
(b) in relation to Wales, the council of a county or county borough or the | |
council of a community if the pilot order makes provision for the | |
conduct of an election to the council; | 20 |
(c) in relation to Scotland, a local authority constituted under section 2 of | |
the Local Government etc. (Scotland) Act 1994 (c. 39). | |
(6) This section applies for the purposes of this Act. | |
10 Orders | |
(1) This section applies to orders made under this Act. | 25 |
(2) An order— | |
(a) may modify or disapply any provision made by or under a relevant | |
enactment; | |
(b) may contain such consequential, incidental, supplementary or | |
transitional provision or savings (including provision amending, | 30 |
replacing, suspending or revoking provision made by or under any | |
enactment) as the Secretary of State considers appropriate. | |
(3) An order may make different provision for different purposes. | |
(4) An order under section 1 must be made by statutory instrument. | |
(5) But no such order may be made unless a draft of it has been laid before and | 35 |
approved by resolution of each House of Parliament. | |
(6) If a draft of an order under section 1 would apart from this subsection be | |
treated for the purposes of the Standing Orders of either House of Parliament | |
as a hybrid instrument it must proceed in that House as if it were not such an | |
instrument. | 40 |
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11 Expenditure | |
(1) There shall be paid out of money provided by Parliament— | |
(a) any expenses of the Secretary of State in making arrangements for the purposes | |
of this Act in connection with the holding of the European Parliamentary | |
general election of 2004; | 5 |
(b) any increase attributable to this Act in the sums so payable under any other | |
enactment. | |
(2) There shall be charged on and paid out of the Consolidated Fund any increase | |
attributable to this Act in the sums to be charged on and paid out of that Fund under | |
any other Act. | 10 |
12 Extent | |
This Act does not extend to Northern Ireland. | |
13 Short title | |
This Act may be cited as the European Parliamentary and Local Elections | |
(Pilots) Act 2003. | 15 |
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Schedule | |
Section 8 | |
Other elections, etc | |
Parliamentary by-elections | |
1 (1) Rule 1 of the Parliamentary Elections Rules (timetable for elections) in | |
Schedule 1 to the Representation of the People Act 1983 (c. 2) must be | 5 |
construed subject to this paragraph. | |
(2) The writ for a by-election in a constituency which is situated in a region | |
specified in an order under section 1 must not be issued on a day which by | |
virtue of the timetable is likely to result in the by-election being held— | |
(a) on the same day as the date of the poll at the European Parliamentary | 10 |
general election of 2004, or | |
(b) on a day within the period which begins three weeks before, and | |
ends three weeks after, that day. | |
Welsh Assembly by-elections | |
2 (1) If Wales is a region specified in an order under section 1 above, section 8 of | 15 |
the Government of Wales Act 1998 (c. 38) must be construed subject to this | |
paragraph. | |
(2) The presiding officer of the National Assembly for Wales must not fix the | |
date of the poll for an election to fill a vacancy in the seat of a constituency | |
member of the Assembly (the Welsh poll) for a day which— | 20 |
(a) is the same day as the date of the poll at the European Parliamentary | |
general election of 2004 (the European poll), or | |
(b) falls within the period which begins three weeks before, and ends | |
three weeks after, the date of the European poll. | |
(3) If, before the commencement of this paragraph, the presiding officer has | 25 |
fixed a date for the Welsh poll and the day falls within that period— | |
(a) the poll must not be held on that date, and | |
(b) the presiding officer must fix a new date in accordance with sub- | |
paragraph (2). | |
Local government by-elections: England and Wales | 30 |
3 (1) This paragraph applies to an election to fill a casual vacancy in the office of | |
councillor (the local election) in pursuance of section 89 of the Local | |
Government Act 1972 (c. 70) if the election is held in a region specified in an | |
order under section 1. | |
(2) In computing any period for the purposes of— | 35 |
(a) section 89(1), or | |
(b) determining the period within which a casual vacancy must be filled | |
in pursuance of section 89(6), | |
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the period which begins four weeks before, and ends three weeks after, the | |
date of the poll at the European Parliamentary general election of 2004 must | |
be ignored. | |
(3) If, before the commencement of this paragraph, a date has been fixed for the | |
poll at a local election which is within the period mentioned in sub- | 5 |
paragraph (2)— | |
(a) the poll must not be held on that day, and | |
(b) a date which falls not later than 7 days after the end of that period | |
must be fixed for the poll. | |
(4) Sub-paragraphs (2) and (3) do not apply to the extent that an order under | 10 |
this Act makes different provision in relation to the date of the poll at the | |
local election. | |
Mayoral elections, etc | |
4 (1) This paragraph applies to— | |
(a) an election for the elected mayor of a local authority; | 15 |
(b) a referendum to be held in pursuance of Part 2 of the Local | |
Government Act 2000 (c. 22) (referendums on proposals for local | |
authority executive arrangements), | |
if the election or referendum is held in a region specified in an order under | |
section 1. | 20 |
(2) If the date of the poll at the election or referendum (the mayoral poll) is to be | |
fixed without reference to any time or timetable the date must not fall within | |
the period which begins three weeks before and ends three weeks after the | |
date of the poll at the European Parliamentary general election of 2004. | |
(3) If the date of the mayoral poll is to be calculated by reference to any time or | 25 |
timetable that period must be ignored. | |
(4) If, before the commencement of this paragraph, the date of the mayoral poll | |
was fixed or calculated as a date which falls within that period— | |
(a) the mayoral poll must not be held on that date, and | |
(b) a new date must be fixed or calculated as mentioned in sub- | 30 |
paragraph (2) or (3) (as the case may be). | |
(5) Local authority has the same meaning as in Part 2 of the Local Government | |
Act 2000. | |
Local government by-elections: Scotland | |
5 If Scotland is a region specified in an order under section 1 above, the order | 35 |
may provide that section 15(2) of the Representation of the People Act 1985 | |
(c. 50) does not apply to the poll at an election in Scotland under section 37 | |
of the Local Government (Scotland) Act 1973 (c. 65) (election to fill casual | |
vacancy in the office of councillor) if it is taken on the same day as the poll | |
at the European Parliamentary general election of 2004. | 40 |
Modification of European election timetable immaterial | |
6 For the purposes of this Schedule any modification of the timetable for the | |
European Parliamentary general election by an order under section 2 which | |
permits voting to take place on more than one day must be ignored. | |
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