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European Parliamentary and Local Elections (Pilots) Bill


European Parliamentary and Local Elections (Pilots) Bill

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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

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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.

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     (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

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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;

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           (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.

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     (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,

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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

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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.

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European Parliamentary and Local Elections (Pilots) Bill

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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;

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           (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.

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 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.

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European Parliamentary and Local Elections (Pilots) Bill
Schedule — Other elections, etc

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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

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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

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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

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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—

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              (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

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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

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  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—

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              (a)             section 89(1), or

              (b)             determining the period within which a casual vacancy must be filled

in pursuance of section 89(6),

 

 

European Parliamentary and Local Elections (Pilots) Bill
Schedule — Other elections, etc

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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-

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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

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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;

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              (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.

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          (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

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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-

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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

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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.

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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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