Government of Cornwall Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

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
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The Assembly
(1)
There shall be an Assembly for Cornwall to be known as the Cornish Assembly
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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
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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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Part 1 — Cornish Assembly
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(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
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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).
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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.
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Extraordinary general elections
(1)
The Assembly must propose a day for the holding of an extraordinary general
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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
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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.

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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—
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(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
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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
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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.
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Power to make provision about elections etc
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(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
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(c)
the return of an Assembly member otherwise than at an election.

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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
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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
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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
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(d)
any other enactments relating to parliamentary elections, European
Parliamentary elections or local government elections.
Presiding Officer and administration
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Presiding officer etc
(1)
The Assembly must, at its first meeting following an ordinary or extraordinary
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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”).
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(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.
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(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,
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(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.

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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—
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(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.
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Clerk of Assembly
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(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
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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
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person seconded to work at the Assembly) to exercise functions on the Clerk’s
behalf.
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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”.
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(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.
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(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
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(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—
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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.
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(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.
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(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—
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(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.
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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.
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(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.
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(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.
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(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
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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).
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Limit on salaries of Assembly members
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(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,
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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—
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(a)
the standing orders, or
(b)
resolutions of the Assembly,

and may include provision conferring functions on the Assembly Commission.
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Oath or affirmation of allegiance
(1)
An Assembly member must take the oath of allegiance in the form set out in
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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).
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(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
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(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—