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Government of Cornwall Bill


Government of Cornwall Bill
Part 1 — Cornish Assembly

1

 

A

Bill

To

establish and make provision about the Cornish Assembly; to transfer

functions and powers to the Assembly; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Cornish Assembly

The Assembly

1       

The Assembly

(1)   

There shall be an Assembly for Cornwall to be known as the Cornish Assembly

5

or Senedh Kernow (but referred to in this Act as “the Assembly”).

(2)   

The Assembly electoral regions, and the number of Assembly seats for each

Assembly electoral region, shall be provided for by or in accordance of with

Schedule 1.

(3)   

Members of the Assembly (referred to in this Act as “Assembly members”) are

10

to be returned in accordance the provision made by and under this Act for—

(a)   

the holding of general elections of Assembly members (for the return of

the entire Assembly), and

(b)   

the filling of vacancies in Assembly seats.

(4)   

The term of the office of an Assembly member—

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(a)   

begins when the member is declared to be returned as an Assembly

member, and

(b)   

continues until the end of the day before the day of the next ordinary

election.

(5)   

But Assembly members may at any time resign their seat by giving notice to—

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(a)   

the Presiding Officer, or

 

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Government of Cornwall Bill
Part 1 — Cornish Assembly

2

 

(b)   

any person authorised by the standing orders of the Assembly to

receive the notice.

(6)   

The validity of any Assembly proceeding is not affected by any vacancy in its

membership.

Elections

5

2       

Voting at ordinary elections

(1)   

Each person entitled to vote at an ordinary election in an Assembly electoral

constituency shall have one vote.

(2)   

A person is entitled to vote at an election of an Assembly member in an

Assembly constituency if, on the day of the election, he—

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(a)   

would be entitled to vote at a general election in an electoral area

wholly or partly included in an Assembly constituency, and

(b)   

is registered in the register of local government electors at an address

within an Assembly constituency.

(3)   

In this Act “registered political party” means a party registered under Part 2 of

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the Political Parties, Elections and Referendums Act 2000 (c. 41).

3       

Method of elections

(1)   

Section 85 of the Local Government Act 2000 (c. 22) (options for elections) shall

have effect in relation to the Cornish Assembly as if, in that section, the word

“councillors” is replaced by “Assembly members”.

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(2)   

Assembly members shall be elected under the single transferable vote system

at an election, unless provision is made for change under subsection (4).

(3)   

The Assembly may make provision for change of the electoral system after

consultation with—

(a)   

the electoral commission, and

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(b)   

the Assembly.

(4)   

At an ordinary election a person may not be a candidate to be the Assembly

member for more than one Assembly constituency.

4       

Extraordinary general elections

(1)   

The Assembly must propose a day for the holding of an extraordinary general

30

election if subsection (2) or (3) applies.

(2)   

This subsection applies if—

(a)   

the Assembly resolves that it should be dissolved, and

(b)   

that resolution of the Assembly is passed on a vote in which the number

of Assembly members voting in favour of it is not less than two-thirds

35

of the total number of Assembly seats.

(3)   

This subsection applies if any period during which the Assembly is required

under section 32 to nominate an Assembly member for appointment as the

First Minister ends without such a nomination being made.

 
 

Government of Cornwall Bill
Part 1 — Cornish Assembly

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(4)   

If an extraordinary general election is held under this section within the period

of six months ending with the day on which the poll at the next ordinary

general election would be held, that ordinary general election is not to be held.

(5)   

In calculating any period of days for the purposes of subsection (4), the

following days are to be disregarded—

5

(a)   

Saturday and Sunday,

(b)   

Christmas Eve, Christmas Day and Good Friday,

(c)   

any day which is a bank holiday in Cornwall under the Banking and

Financial Dealings Act 1971 (c. 80), and

(d)   

any day appointed for public thanksgiving or mourning.

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Vacancies

5       

Constituency seats

(1)   

This section applies where the seat of an Assembly member returned for an

Assembly constituency is vacant.

(2)   

Subject to subsection (6), an election shall be held in the Assembly constituency

15

to fill the vacancy.

(3)   

At the election to fill the vacancy, each person entitled to vote at the election

shall have only a constituency vote.

(4)   

The date of the election shall be fixed by the presiding officer in accordance

with subsection (5).

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(5)   

The date fixed shall be not later than three months after the occurrence of the

vacancy, except that if the vacancy does not come to the presiding officer‘s

notice within one month of its occurrence the date fixed shall be not later than

three months after the vacancy comes to the notice of the Presiding Officer.

(6)   

An election shall not be held if it appears to the presiding officer that the latest

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date which may be fixed for the poll would fall within the period of three

months preceding an ordinary election.

(7)   

A person may not be a candidate in an election to fill a vacancy if he is an

Assembly member or a candidate in another such election.

(8)   

For the purposes of this section a vacancy shall be taken to have occurred on

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such date as may be determined under the standing orders of the Assembly.

(9)   

References in this section and section 9 to the presiding officer include

references to any person for the time being performing the functions of

presiding officer.

6       

Power to make provision about elections etc

35

(1)   

The Secretary of State may by order make provision as to—

(a)   

the conduct of elections for the return of Assembly members, including

the operation of the single transferable vote system,

(b)   

the questioning of an election for the return of Assembly members and

the process for investigating alleged or apparent irregularities, and

40

(c)   

the return of an Assembly member otherwise than at an election.

 
 

Government of Cornwall Bill
Part 1 — Cornish Assembly

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(2)   

An order under this section may—

(a)   

apply or incorporate, with or without modifications or exceptions, any

provision of or made under the election enactments,

(b)   

modify any form contained in, or in regulations or rules made under,

the Representation of the People Acts so far as may be necessary to

5

enable it to be used both for the original purpose and in relation to

elections for the return of Assembly members, and

(c)   

so far as may be necessary in consequence of any provision made by

this Act or an order under this section, make modifications of any

provision made by or under any enactment relating to the registration

10

of parliamentary electors or local government electors.

(3)   

In this section, “the election enactments” means—

(a)   

the Representation of the People Acts,

(b)   

the Political Parties, Elections and Referendums Act 2000 (c. 41),

(c)   

the European Parliamentary Elections Act 2002 (c. 24), and

15

(d)   

any other enactments relating to parliamentary elections, European

Parliamentary elections or local government elections.

Presiding Officer and administration

7       

Presiding officer etc

(1)   

The Assembly must, at its first meeting following an ordinary or extraordinary

20

general election, elect from among the Assembly members—

(a)   

a presiding officer (referred to in this Act as “the Presiding Officer”),

and

(b)   

a deputy presiding officer (referred to in this Act as “the Deputy

Presiding Officer”).

25

(2)   

The person elected under paragraph (a) of subsection (1) is to be known as the

Presiding Officer or by such other title as the standing orders may provide; and

the person elected under paragraph (b) of that subsection is to be known as the

Deputy Presiding Officer or by such other title as the standing orders may

provide.

30

(3)   

The Presiding Officer holds office until the conclusion of the next election of a

Presiding Officer under subsection (1).

(4)   

The Deputy Presiding Officer holds office until the Assembly is dissolved.

(5)   

But the Presiding Officer or Deputy Presiding Officer—

(a)   

may at any time resign,

35

(b)   

ceases to hold office on ceasing to be an Assembly member otherwise

than by reason of a dissolution, and

(c)   

may be removed from office by the Assembly if a motion of no

confidence is passed by more than two thirds of Assembly members.

(6)   

The Presiding Officer’s functions may be exercised by the Deputy Presiding

40

Officer if—

(a)   

the office of Presiding Officer is vacant, or

(b)   

the Presiding Officer is for any reason unable to act.

 
 

Government of Cornwall Bill
Part 1 — Cornish Assembly

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(7)   

The Presiding Officer may (subject to the standing orders) authorise the

Deputy Presiding Officer to exercise functions of the Presiding Officer.

(8)   

The standing orders may include provision for the Presiding Officer’s

functions to be exercisable by any person specified in, or determined in

accordance with, the standing orders if—

5

(a)   

the office of Presiding Officer is vacant or the Presiding Officer is for

any reason unable to act, and

(b)   

the office of Deputy Presiding Officer is vacant or the Deputy Presiding

Officer is for any reason unable to act.

8       

Clerk of Assembly

10

(1)   

The Assembly Commission must appoint a person to be the Clerk of the

Assembly (referred to in this Act as “the Clerk”).

(2)   

The person appointed under subsection (1) is to be known as the Clerk of the

Assembly or by such other title as the standing orders may provide.

(3)   

The Clerk’s functions may be exercised by any other member of the staff of the

15

Assembly (or person seconded to work at the Assembly) authorised by the

Assembly Commission if—

(a)   

the office of Clerk is vacant, or

(b)   

the Clerk is for any reason unable to act.

(4)   

The Clerk may authorise any other member of the staff of the Assembly (or

20

person seconded to work at the Assembly) to exercise functions on the Clerk’s

behalf.

9       

Assembly Commission

(1)   

There is to be a body corporate to be known as the Cornish Assembly

Commission referred to in this Act as “the Assembly Commission”.

25

(2)   

The members of the Assembly Commission are to be—

(a)   

the Presiding Officer, and

(b)   

four other Assembly members.

(3)   

The standing orders must make provision for the appointment of the four other

Assembly members as members of the Assembly Commission.

30

(4)   

The Assembly may give special or general directions to the Assembly

Commission for the purpose of, or in connection with, the exercise of the

Assembly Commission’s functions.

Committees

10      

Committees and sub-committees

35

(1)   

The standing orders may provide—

(a)   

for the appointment of committees of the Assembly, and

(b)   

for such committees to have power to appoint sub-committees,

(c)   

for the composition of committees in compliance with subsection (2).

(2)   

The provision included in standing orders must—

40

 
 

Government of Cornwall Bill
Part 1 — Cornish Assembly

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(a)   

secure that its membership reflects (so far as is reasonably practicable)

the balance of the political groups to which Assembly members belong,

and

(b)   

make provision for the eligibility of persons appointed for its

membership.

5

(3)   

The members of a committee of the Assembly, or of a sub-committee of such a

committee, may not include anyone who is not an Assembly member.

(4)   

The standing orders must make provision about the membership, chairing and

procedure of committees of the Assembly and sub-committees of such

committees.

10

(5)   

The standing orders may include provision for excluding from the proceedings

of a committee of the Assembly, or a sub-committee of such a committee, an

Assembly member who is not a member of the committee or sub-committee.

(6)   

The validity of any proceedings of a committee of the Assembly, or of a sub-

committee of such a committee, is not affected by—

15

(a)   

any vacancy in its membership,

(b)   

any defect in the appointment of its members or of the person who

chairs it, or

(c)   

any failure to comply with provisions of the standing orders relating to

procedure.

20

11      

Audit Committee

(1)   

The committees of the Assembly must include one to be known as the Audit

Committee or by such other name as the Assembly may determine.

(2)   

The Audit Committee is to have the number of members specified by the

standing orders.

25

(3)   

None of the following may be a member of the Audit Committee—

(a)   

the First Minister or any person designated to exercise the functions of

the First Minister,

(b)   

a Cornish Minister appointed under section 25,

(c)   

a Deputy Cornish Minister.

30

(4)   

The Audit Committee must not be chaired by an Assembly member who is a

member of a political group with an executive role.

Remuneration, oaths etc

12      

Remuneration of Assembly members

(1)   

The Assembly must make provision for the payments of salaries to Assembly members.

35

(2)   

The Assembly may make provision for the payment of allowances to Assembly

members.

(3)   

The Assembly may make provision for the payment of pensions, gratuities or

allowances to, or in respect of, any person who

(a)   

has ceased to be an Assembly member, or

40

 
 

Government of Cornwall Bill
Part 1 — Cornish Assembly

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(b)   

has ceased to hold office as the Presiding Officer or Deputy Presiding Officer,

or such other office in connection with the Assembly as the Assembly may

determine, but continues to be an Assembly member.

(4)   

The Assembly must ensure that information concerning—

(a)   

the amounts paid to each Assembly member as salary and allowances,

5

and

(b)   

the total amount paid to Assembly members as salaries and allowances,

   

is published for each financial year (and may, in particular, do so by requiring

it to be published by the Assembly Commission).

13      

Limit on salaries of Assembly members

10

(1)   

The Assembly must make provision to ensure that the amount of the salary

payable to an Assembly member in accordance with section 12 is reduced if a

salary is payable to the Assembly member—

(a)   

pursuant to a resolution (or combination of resolutions) of either House

of Parliament relating to the remuneration of members of that House,

15

or

(b)   

under section 1 of the European Parliament (Pay and Pensions) Act

1979 (c. 50) (salaries of Representatives).

(2)   

The provision made must ensure that the amount of salary is reduced—

(a)   

to a particular proportion of what it otherwise would be or to a

20

particular amount, or

(b)   

by the amount of any salary payable to the Assembly member as

mentioned in subsection (1)(a) or (b), by a particular proportion of that

amount or by some other particular amount.

(3)   

Provision may be made under this section by—

25

(a)   

the standing orders, or

(b)   

resolutions of the Assembly,

   

and may include provision conferring functions on the Assembly Commission.

14      

Oath or affirmation of allegiance

(1)   

An Assembly member must take the oath of allegiance in the form set out in

30

section 2 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding

affirmation) as soon as is reasonably practicable after being returned as an

Assembly member (whether for the first time or subsequently).

(2)   

The standing orders must specify the person before whom the oath is to be

taken (or the affirmation made).

35

(3)   

Until an Assembly member has taken the oath (or made the affirmation) the

Assembly member must not do anything as an Assembly member, other

than—

(a)   

take part in proceedings of the Assembly at which Assembly members

take the oath or make the affirmation, or

40

(b)   

take part in any earlier proceedings for the election of the Presiding

Officer or Deputy Presiding Officer.

(4)   

If an Assembly member has not taken the oath (or made the affirmation)

within—

 
 

 
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