Constitutional Reform and Governance Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Part 12 — Miscellaneous and final provisions
47

(6)
In paragraph 17(8) (access of Auditor General to documents), after paragraph
(b) insert—
“(ba)
in a case within that paragraph relating to any accounts which
the Public Services Ombudsman for Wales is directed to
prepare under paragraph 16 of Schedule 1 to the Public Services
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Ombudsman (Wales) Act 2005, the Ombudsman and any
person to whose financial affairs and transactions the accounts
are to relate by virtue of sub-paragraph (1A) of that
paragraph,”.
(7)
In paragraph 16 of Schedule 1 to the Public Services Ombudsman (Wales) Act
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2005 (c. 10) (accounts), after sub-paragraph (1) insert—
   “(1A)
The directions which the Treasury may give under sub-paragraph
(1)(b) include directions to prepare accounts relating to financial
affairs and transactions of persons other than the Ombudsman.”
Part 12
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Miscellaneous and final provisions
83
Section 3 of the Act of Settlement
(1)
For the avoidance of doubt, the repeal in section 18(7) of the Electoral
Administration Act 2006 (c. 22) of the entry in Schedule 7 to the British
Nationality Act 1981 (c. 61) (entry which modified certain disqualifications
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imposed by section 3 of the Act of Settlement (1700 c. 2)) applied only so far as
the modification made by that entry related to—
(a)
membership of the House of Commons, or
(b)
anything from which a person is disqualified by virtue of a
disqualification from membership of that House.
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(2)
Section 3 of the Act of Settlement has effect accordingly, and has done so since
the coming into force of section 18 of the Electoral Administration Act 2006.
84
Referendums: person may not be “responsible person” for more than one
permitted participant
(1)
Part 7 of the Political Parties, Elections and Referendums Act 2000 (c. 41)
30
(referendums) is amended as follows.
(2)
In section 105 (permitted participants), in subsection (1)(b)(i), after “(as defined
by section 54(8))” insert “who is not the responsible person, in relation to the
referendum, for another permitted participant”.
(3)
In section 106 (declarations and notifications for purposes of section 105), after
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subsection (4) insert—
“(4A)
A declaration made or notification given by a body in relation to a
particular referendum does not comply with the requirement in
subsection (2)(b) or (4)(b)(ii) (to state the name of the person who will
be responsible for compliance) if the person whose name is stated—
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(a)
is already the responsible person for a permitted participant in
relation to the referendum,
(b)
is an individual who gives a notification under subsection (3) in
relation to the referendum at the same time, or

Constitutional Reform and Governance Bill
Part 12 — Miscellaneous and final provisions
48

(c)
is the person whose name is stated, in purported compliance
with the requirement in subsection (2)(b) or (4)(b)(ii), in a
notification given in relation to the referendum at the same time
by another body.

In this subsection “the person”, in relation to a body other than a minor
5
party, is to be read as “the person or officer”.”
85
Referendums: expenses incurred by persons acting in concert
(1)
Part 7 of the Political Parties, Elections and Referendums Act 2000 (c. 41)
(referendums) is amended as follows.
(2)
In section 118 (special restriction on referendum expenses by permitted
10
participants), in subsection (4), after “for the purposes of this section,” insert
“section 118A,”.
(3)
After that section insert—
“118A
  Referendum expenses incurred by persons acting in concert
(1)
This section applies where—
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(a)
any referendum expenses are incurred by or on behalf of an
individual or body during the referendum period for a
referendum to which this Part applies, and
(b)
the expenses are so incurred in pursuance of a plan or other
arrangement whereby referendum expenses are to be incurred
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by or on behalf of—
(i)
that individual or body, and
(ii)
one or more other individuals or bodies,

respectively with a view to, or otherwise in connection with,
promoting or procuring one particular outcome in relation to
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any question asked in the referendum.
(2)
The expenses mentioned in subsection (1)(a) shall be treated for the
purposes of—
(a)
section 117,
(b)
section 118 and Schedule 14, and
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(c)
sections 120 to 123,

as having also been incurred, during the referendum period, by or on
behalf of the other individual or body (or, as the case may be, each of
the other individuals or bodies) mentioned in subsection (1)(b)(ii).
(3)
This section applies whether or not any of the individuals or bodies in
35
question is a permitted participant.”
86
Counting of votes in parliamentary elections
(1)
The Representation of the People Act 1983 (c. 2) is amended as follows—
(2)
In Schedule 1 (Parliamentary elections rules), in paragraph 44, after sub-
paragraph (1) insert—
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“(1A)
The counting of votes in a parliamentary election shall start within four
hours of the close of the poll, save in exceptional circumstances.

Constitutional Reform and Governance Bill
Part 12 — Miscellaneous and final provisions
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(1B)
The Secretary of State shall, after consulting the Electoral Commission,
prepare draft guidance on the definition of “exceptional circumstances”
for the purposes of sub-paragraph (1A).
(1C)
The draft guidance prepared under sub-paragraph (1B) may not be
issued unless a draft has been laid before, and approved by, both
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Houses of Parliament.”
87
Meaning of “Minister of the Crown”
In this Act “Minister of the Crown” has the same meaning as in the Ministers
of the Crown Act 1975 (c. 26).
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Financial provision
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There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown by virtue of this
Act;
(b)
any increase attributable to this Act in the sums payable by virtue of
any other Act out of money so provided.
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89
Power to make consequential provision
(1)
A Minister of the Crown, or two or more Ministers of the Crown acting jointly,
may by order make such provision as the Minister or Ministers consider
appropriate in consequence of any provision of this Act.
(2)
An order under subsection (1) may—
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(a)
amend, repeal or revoke any existing statutory provision;
(b)
include supplementary, incidental, transitional, transitory or saving
provision.
(3)
“Existing statutory provision” means—
(a)
a provision of an Act passed on or before the last day of the Session in
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which this Act is passed;
(b)
a provision of subordinate legislation (as defined in section 21(1) of the
Interpretation Act 1978 (c. 30)) made on or before that day.
(4)
An order under subsection (1) is to be made by statutory instrument.
(5)
A statutory instrument containing an order under subsection (1) which
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amends or repeals a provision of an Act may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House of
Parliament.
(6)
A statutory instrument containing an order under subsection (1) which does
not amend or repeal a provision of an Act is subject to annulment in pursuance
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of a resolution of either House of Parliament.
90
Extent, commencement, transitional provision and short title
(1)
Part 7 of this Act extends to England and Wales only.
(2)
An amendment or repeal contained in any other Part of this Act has the same
extent as the Act or instrument or relevant part of the Act or instrument to
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Constitutional Reform and Governance Bill
Part 12 — Miscellaneous and final provisions
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which the amendment or repeal relates (ignoring extent by virtue of an Order
in Council).
(3)
This Act comes into force on such day as a Minister of the Crown, or two or
more Ministers of the Crown acting jointly, may by order appoint; and
different days may be appointed for different purposes.
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(4)
Subsection (3) does not apply to the following provisions of this Act (which
accordingly come into force on the day this Act is passed)—
(a)
sections 29 and 31;
(b)
section 57;
(c)
section 58 (and section 55, so far as applied by that section);
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(d)
this Part.
(5)
A Minister of the Crown, or two or more Ministers of the Crown acting jointly,
may by order make transitional, transitory or saving provision in connection
with the coming into force of any provision of this Act.
(6)
An order under subsection (3) or (5) is to be made by statutory instrument.
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(7)
This Act may be cited as the Constitutional Reform and Governance Act 2010.