1069

House of Commons

Notices of Amendments

given on

Thursday 25 February 2010

For other Amendment(s) see the following page(s) of Supplement to Votes:

907-10, 923-24, 1011-14, 1059-60 and 1061-66

Consideration of Bill

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Constitutional Reform and Governance Bill, As Amended

Timing of parliamentary by-elections

Pete Wishart

NC15

To move the following Clause:—

‘(1)

If—

(a)	the Speaker of the House of Commons has become aware that the seat of

a Member of the House has become vacant,

(b)	the period of 10 weeks has subsequently elapsed, and

(c)	the House has made no order that the Speaker shall issue his warrant to

the Clerk of the Crown in Chancery to make out a new writ for the

electing of a Member to fill the vacancy,

the Speaker must issue his warrant as soon as reasonably practicable.

(2)	Subsection (1) above shall not apply—

(a)	when the vacancy arises after the period of 55 months has elapsed since

the day on which that Parliament first met; or

(b)	where a seat has become vacant under section 160(4)(b) of the

Representation of the People Act 1983 but proceedings challenging the

requirement to vacate the seat remain outstanding.

(3)	The following enactments are repealed—

(a)	the Recess Elections Act 1975;

(b)	in section 93(5)(b) of the Representations of the People Act 1983, the

words from “or any earlier date” to “Recess Elections Act 1975”;

(c)	section 6(4) of the House of Commons Disqualification Act 1975.’.

Notices of Amendments: 25 February 2010

1070

Constitutional Reform and Governance Bill, continued

Dates of future general elections

David Howarth

Mr David Heath

NC17

To move the following Clause:—

‘(1)	The next general election but one shall take place on 1 May 2068.

(2)	Each subsequent general election shall take place on the first Thursday in May in

the fourth year after the previous general election.

(3)	This section is subject to section [Power of House of Commons to vary date of

general election].’.

Dissolution of Parliament

David Howarth

Mr David Heath

NC18

To move the following Clause:—

‘(1)	The next Parliament shall be dissolved on 3 April 2068.

(2)	The next Parliament may not be dissolved otherwise than as provided in

subsection (1).

(3)	Each subsequent Parliament shall be dissolved 30 days before the general election

provided for in section [Dates of future general elections].

(4)	No subsequent Parliament may be dissolved otherwise than as provided in

subsection (3).’.

Power of House of Commons to vary date of general elections

David Howarth

Mr David Heath

NC19

To move the following Clause:—

‘(1)	The House of Commons may, by resolution, appoint a day of the week other than

Thursday as the day on which a general election is to take place.

(2)	The power conferred by subsection (1) may not be used to set a date for a general

election—

(a)	earlier, or

(b)	more than six days later,

than the date provided for by section [Dates of future general elections].’.

Amendment of Representation of the People Acts

David Howarth

Mr David Heath

NC20

To move the following Clause:—

‘(1)	The Secretary of State may, by order made by statutory instrument, make such

amendments to the Representation of the People Acts as appear to him to be

Notices of Amendments: 25 February 2010

1071

Constitutional Reform and Governance Bill, continued

necessary or expedient in consequence of sections [Dates of future general

elections] to [Power of House of Commons to vary date of general elections].

(2)	An order under subsection (1) is subject to annulment in pursuance of a resolution

of either House of Parliament.’.

David Howarth

Mr David Heath

29

Page  50,  line  11  [Clause  90],  at end insert—

‘(e)	section [Dates of future general elections].’.

Cap on number of special advisers

David Howarth

Mr David Heath

NC21

To move the following Clause:—

‘(1)	The number of special advisers appointed by Her Majesty’s Government in the

United Kingdom shall be limited according to the procedure laid out in

subsections (3) to (6) of this section.

(2)	Until the procedure laid out in this section has been completed, no new special

advisers may be appointed.

(3)	A Minister of the Crown must lay before Parliament an order setting a limit for

the total number of special advisers at any one time in the service of Her

Majesty’s Government in the United Kingdom.

(4)	The order may make provision for different Ministers of the Crown to be allowed

to appoint different numbers of special advisers.

(5)	The order may make provision, within the limit referred to in subsection (3), for

there to be a limit to the number of special advisers who may be paid from public

funds at any one time.

(6)	An order under this section may not come into force until resolutions approving

it have been passed by both Houses of Parliament.’.

David Howarth

Mr David Heath

30

Page  96,  line  28  [Schedule  9],  leave out ‘the nearest relevant entrance’ and insert

‘the point nearest to it in Parliament Square’.

David Howarth

Mr David Heath

31

Page  96  [Schedule  9],  leave out lines 29 to 36.

David Howarth

Mr David Heath

32

Page  15,  line  24  [Clause  29],  leave out paragraph (b) and insert—

‘(b)	submit to the Electoral Commission for its approval the question to be

asked in the referendum (and any statement that is to precede the

question);

(c)	by order made by statutory instrument fix the date of the poll.’.

Notices of Amendments: 25 February 2010

1072

Constitutional Reform and Governance Bill, continued

David Howarth

Mr David Heath

33

Page  15,  line  27  [Clause  29],  leave out ‘specified under’ and insert ‘referred to in’.

David Howarth

Mr David Heath

34

Page  16,  line  16  [Clause  29],  leave out subsection (7).

Transfer of records to Public Record Office

Secretary Jack Straw

NC22

To move the following Clause:—

‘(1)	In section 3 of the Public Records Act 1958 (selection and preservation of public

records)—

(a)	in subsection (4) (transfer to Public Record Office or to other appointed

place of deposit of public records selected for permanent preservation),

for “thirty years” substitute “20 years”, and

(b)	after that subsection insert—

“(4A)

Until the end of the period of 10 years beginning with the

commencement of section [Transfer of records to Public Record

Office] of the Constitutional Reform and Governance Act 2010,

subsection (4) has effect subject to any order made under

subsection (2) of that section.”

(2)	The Lord Chancellor may by order make transitional, transitory or saving

provision in connection with the coming into force of subsection (1)(a).

(3)	An order under subsection (2) may in particular—

(a)	provide for the time within which any records are to be transferred to the

Public Record Office or other place of deposit referred to in section 3(4)

of the Public Records Act 1958, and

(b)	make different provision in relation to records of different descriptions.

(4)	An order under this section is to be made by statutory instrument.

(5)	A statutory instrument containing an order under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.’.

Freedom of information

Secretary Jack Straw

NC23

To move the following Clause:—

‘Schedule [Amendments of Freedom of Information Act 2000] (which makes

amendments of the Freedom of Information Act 2000) has effect.’.

Notices of Amendments: 25 February 2010

1073

Constitutional Reform and Governance Bill, continued

Regional Counting Officers

Secretary Jack Straw

NC24

To move the following Clause:—

‘(1)	This section has effect, in addition to section 128 (Chief Counting

Officers, and counting officers, for referendums) of the Political Parties,

Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”), in relation

to the referendum under section 29.

(2)	The Chief Counting Officer for the referendum must appoint a Regional

Counting Officer for each region in Great Britain.

(3)	For the purposes of this section the regions are as follows—

East Midlands;

Eastern;

London;

North East;

North West;

South East;

South West;

West Midlands;

Yorkshire and the Humber;

Scotland;

Wales.

The regions in England comprise the areas specified in the Table in

Schedule 1 to the European Parliamentary Elections Act 2002 (c. 24)

(ignoring the reference to Gibraltar) as it has effect for the time being.

(4)	Each Regional Counting Officer must, as respects the votes cast in the

region for which the officer is appointed, certify—

(a)	the total number of ballot papers counted, and

(b)	the total number of votes cast in favour of each answer to the

question asked in the referendum.

Where two or more forms of ballot paper are used in the referendum, a

separate number must be certified under paragraph (a) in relation to each

form of ballot paper used.

(5)	The Chief Counting Officer may require a Regional Counting Officer to

appoint counting officers for relevant areas (within the meaning of

section 128 of the 2000 Act) in the region for which the Regional

Counting Officer is appointed.

(6)	To the extent that counting officers are appointed by virtue of subsection

(5), the duty of the Chief Counting Officer under section 128(3) of the

2000 Act is discharged.

(7)	A reference to a counting officer in sections 33 to 35 (except the

reference in section 34(5)) includes a reference to a Regional Counting

Officer.’.

Notices of Amendments: 25 February 2010

1074

Constitutional Reform and Governance Bill, continued

Conduct etc of referendum

Secretary Jack Straw

NC25

To move the following Clause:—

‘(1)	The Secretary of State may by order make whatever provision he or she

considers expedient—

(a)	for and in connection with the referendum under section 29;

(b)	for and in connection with the combination of the poll at the

referendum with the poll at an election or at another referendum

(or both).

(2)	An order under this section may, in particular, apply or incorporate, with

or without modification, any enactment or subordinate legislation

(whenever passed or made) relating to referendums or elections.

In this subsection “subordinate legislation” has the same meaning as in

the Interpretation Act 1978 (c. 30).

(3)	An order under this section—

(a)	may include provision creating criminal offences;

(b)	may make supplementary, incidental, consequential, transitory,

transitional or saving provision;

(c)	may make different provision for different purposes (including

different areas).

(4)	The power to make an order under this section is exercisable by statutory

instrument.

(5)	The Secretary of State must consult the Electoral Commission before

making an order under this section.

(6)	An order under this section may not be made unless a draft of the

statutory instrument containing the order has been laid before, and

approved by a resolution of, each House of Parliament.’.

Electoral Commission accounts in relation to specified matters

Secretary Jack Straw

NC26

To move the following Clause:—

‘(1)	Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (c. 41)

(the Electoral Commission) is amended as follows.

(2)	For sub-paragraph (2) of paragraph 17 substitute—

“(2)	The Commission—

(a)	shall prepare accounts for each financial year, and

(b)	if directed to do so by the Treasury, shall prepare accounts in

relation to any matter specified in the direction.”

(3)	In sub-paragraph (3) of paragraph 17, for the words from the beginning to “sub-

paragraph (2)” substitute “Accounts under sub-paragraph (2) shall be prepared in

accordance with directions given to the Commission by the Treasury.

Directions under this sub-paragraph may”.

(4)	In sub-paragraph (1) of paragraph 18—

Notices of Amendments: 25 February 2010

1075

Constitutional Reform and Governance Bill, continued

(a)	for “for any financial year” substitute “under paragraph 17”;

(b)	for the words from “after” to the end substitute “as may be practicable

after the end of the financial year to which the accounts relate or, in the

case of accounts prepared in pursuance of a direction under paragraph

17(2)(b), the giving of the direction.”’.

Secretary Jack Straw

35

Page  5,  line  22  [Clause  8],  at end insert—

‘(4A)

Subject to subsection (4B), a special advisers code must provide that a special

adviser may not—

(a)	authorise the expenditure of public funds;

(b)	exercise any power in relation to the management of any part of the civil

service of the State;

(c)	otherwise exercise any power conferred by or under this or any other Act

or any power under Her Majesty’s prerogative.

(4B)	A special advisers code may permit a special adviser to exercise any power within

subsection (4A)(b) in relation to another special adviser.

(4C)	In subsection (4A)(c) “Act” includes—

(a)	an Act of the Scottish Parliament;

(b)	an Act or Measure of the National Assembly for Wales;

(c)	Northern Ireland legislation.’.

Secretary Jack Straw

36

Page  12,  line  35  [Clause  22],  leave out subsection (12) and insert—

‘( )	Section 75(5) of the Race Relations Act 1976 (c. 74) and Article 71(5) of the Race

Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)) apply in relation

to rules under subsection (7) above as they apply in relation to rules under

subsection (1) above (so far as they would not otherwise apply).

( )	In section 75(5)(b) of that Act and Article 71(5)(b) of that Order any reference to

the implementation of rules includes (in particular) a reference to granting (or

refusing to grant) exemptions under subsection (10)(b) above.’.

Secretary Jack Straw

37

Page  13,  line  1  [Clause  22],  leave out ‘limits any power’ and insert ‘affects—

(a)	section 82 of the Police Reform Act 2002 (c. 30),

(b)	section 41(3A) of the Police (Northern Ireland) Act 2000 (c. 32), or

(c)	any power’.

Secretary Jack Straw

38

Page  14,  line  36  [Clause  27],  leave out ‘section 788 of the Income and Corporation

Taxes Act 1988 (c. 1)’ and insert ‘section 2 of the Taxation (International and Other

Provisions) Act 2010 (c. )’.

Secretary Jack Straw

39

Page  16,  line  32  [Clause  30],  at end insert—

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Revised 26 February 2010