Second Chamber of Parliament Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Second Chamber of Parliament Bill

Second Chamber of Parliament Bill
Part 2 — Elected Members
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Voting system
The system of election of elected MSCPs is to be a single transferable vote
system under which—
(a)
a vote is capable of being given so as to indicate the voter’s order of
preference for the candidates; and
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(b)
a vote is capable of being transferred to the next choice—
(i)
when the vote is not required to give a prior choice the
necessary quota of votes; or
(ii)
when, owing to the deficiency in the number of votes given for
a prior choice, that choice is eliminated from the list of
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candidates.
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Power to make provision about elections
(1)
The Secretary of State shall by regulations make provision as to—
(a)
the conduct of elections to the Second Chamber,
(b)
the recovery of charges or expenses of returning officers for or in
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connection with such elections,
(c)
the questioning of such an election and the consequences of
irregularities.
(2)
Regulations under this section shall make provision (including the creation of
criminal offences)—
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(a)
about the limitation of election expenses of candidates;
(b)
for the allocation of seats in the case of an equality of votes;
(c)
for securing that no person stands for election more than once at an
election; and
(d)
identifying persons who are to act as returning officers.
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(3)
Regulations under this section may apply, with such modifications or
exceptions as may be specified in the regulations—
(a)
any provision of the Representation of the People Acts or of any other
enactment relating to parliamentary elections or local government
elections, and
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(b)
any provision made under any other enactment.
(4)
Regulations under this section may amend any form contained in regulations
made under the Representation of the People Acts so far as may be necessary
to enable it to be used both for the purpose indicated in regulations so made
and for the corresponding purpose in relation to elections to the Second
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Chamber.
(5)
Section 26 of the Welsh Language Act 1993 (c. 38) (power to prescribe Welsh
version) applies in relation to regulations under this section as it applies in
relation to Acts of Parliament.
(6)
The amount of any charges or expenses recoverable in accordance with the provisions
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of regulations under subsection (1)(b) shall be charged on and paid out of the
Consolidated Fund.
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Right of certain persons to be elected to Second Chamber
A person who is—

Second Chamber of Parliament Bill
Part 3 — Appointed Members
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(a)
a member of the House of Lords immediately before the
commencement of the transitional period, or
(b)
the holder of a hereditary peerage,
is not to be disqualified by virtue of that fact for being, or being elected as, a
member of the Second Chamber.
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Part 3
Appointed Members
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The Appointments Commission
(1)
There is to be a body corporate to be known as the Second Chamber
Appointments Commission (but in this Act referred to as “the Commission”).
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(2)
Schedule 4 is about the Commission
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The Commission’s functions
(1)
As soon as possible after the return of elected MSCPs at each poll held under
section 9, the Commission must appoint 29 MSCPs.
(2)
The Commission must also appoint an MSCP to fill any premature vacancies
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for MSCPs appointed under subsection (1) which arise by virtue of section 5(3).
(3)
An appointment under subsection (2) is to be made as soon as possible after a
vacancy arises and, in any event, no later than 6 months after the vacancy
arises.
(4)
But subsection (3) does not apply if the Commission reasonably considers that
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it would be appropriate to postpone the making of an appointment until the
next occasion on which appointments under subsection (1) are made.
(5)
In making a decision under subsection (4) the Commission must have regard,
among other things, to the time required to make the appointment, the costs
involved and the maximum period of the appointee’s membership (having
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regard to the effect of section 5(4)).
(6)
The Commission may publish a code or codes about the way in which
nominations for, and appointments of, MSCPs are to be made.
(7)
The Commission may do anything (except borrow money) which is calculated
to facilitate, or is incidental or conducive to, the carrying out of any of their
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functions.
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Appointments
(1)
The Commission must select persons for appointment on the basis of—
(a)
their skills, knowledge and experience, and
(b)
the overall contribution that the Commission considers they are likely
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to be able to make to the activities of the Second Chamber.
(2)
No person is to be appointed unless the Commission is satisfied that he is a fit
and proper person to be an appointed MSCP.

Second Chamber of Parliament Bill
Part 4 — General
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(3)
If the Commission considers that it would otherwise be appropriate to do so,
nothing in this section prevents the Commission from appointing a person
who—
(a)
is a Former Lords Member, or
(b)
has already been an MSCP.
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(4)
But subsection (3) is subject to section 4(2).
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Appointment of persons nominated as Ministers of the Crown by the Prime
Minister
(1)
In the period between each poll to be held under section 9, the Prime Minister
may appoint no more than 4 persons as MSCPs.
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(2)
No person is to be appointed under this section unless—
(a)
he satisfies the four conditions in section 4(4) to (7); and
(b)
the appointment is made for the purpose of his immediate appointment
as a Minister of the Crown.
(3)
In this section “Minister of the Crown” has the same meaning as in section 8(1)
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of the Ministers of the Crown Act 1975 (c. 26) (interpretation).
Part 4
General
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Interpretation
In this Act—
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“appointed MSCP” means an MSCP who is appointed under Part 3;
“the Commission” has the meaning given in section 14;
“elected MSCP” means an MSCP who is elected under Part 2;
“first poll”, “second poll” and “third poll” have the meaning given by
section 9(6);
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“Former Lords Member” has the meaning given in section 2(4);
“Member of the Second Chamber” or “MSCP” means a member of the
Second Chamber;
peerage MSCP” has the meaning given in section 2(4);
“Second Chamber” has the meaning given in section 1(1);
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“spiritual MSCP” means an archbishop or bishop who is—
(a)
a Member of the Second Chamber by virtue of paragraph 9 of
Schedule 1, or
(b)
nominated to be a Member of the Second Chamber by the
Archbishop of Canterbury;
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“transitional period” has the meaning given in section 2(4).
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Orders and regulations
(1)
The power to make regulations or an order under this Act is exercisable by
statutory instrument.
(2)
A statutory instrument containing regulations or an order under this Act (other
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than section 21(3)) is to be laid before Parliament after being made.

Second Chamber of Parliament Bill
Part 4 — General
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(3)
A statutory instrument containing regulations or an order under this Act (other
than section 21(3)) is subject to annulment in pursuance of a resolution of either
House of Parliament.
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Expenses
(1)
The following are to be charged on, and paid out of, the Consolidated Fund—
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(a)
such reasonable charges and expenses as returning officers are entitled to as a
result of this Act in connection with elections under Part 2,
(b)
any amount payable under Schedule 2 or 4, and
(c)
any increase resulting from this Act in the sums charged on and payable out
of that Fund under any other enactment.
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(2)
The following are to be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State as a result of this Act, and
(b)
any increase resulting from this Act in the sums so payable under any other
enactment.
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Consequential amendments and repeals
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(1)
Schedule 5 contains consequential amendments.
(2)
Schedule 6 contains repeals.
(3)
The Secretary of State may by order amend—
(a)
any enactment, or
(b)
any subordinate legislation made under any enactment,
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for one of the purposes specified in subsection (4).
(4)
Those purposes are—
(a)
to substitute for a reference to the House of Lords a reference to the
Second Chamber, or
(b)
to repeal a provision relating to Peerages or membership of the House
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of Lords.
(5)
The Secretary of State must not make an order under subsection (3) unless a
draft of the order has been laid before Parliament and approved by a resolution
of each House.
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Commencement
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This Act comes into force at the end of the Session of Parliament in which it is
enacted.
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Short title
This Act may be cited as the Second Chamber of Parliament Act 2005.