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Permit
voters to recall their elected representatives in specified circumstances;
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and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Petition
for recall of elected representatives |
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(1) |
If 10% or more of the registered
voters in the constituency of an elected |
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representative sign a relevant
recall petition then a recall election must be held |
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(2) |
In order for a recall petition
to be relevant the appropriate Returning Officer |
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(a) |
the petition has been submitted
in accordance with the rules provided |
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for in subsection (3); and |
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(b) |
there is evidence contained
in the petition that the elected |
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(i) |
acted in a way which is
financially dishonest or disreputable, |
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(ii) |
intentionally misled the
body to which he or she was elected, |
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(iii) |
broken any promises made
by him or her in an election address, |
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(iv) |
behaved in a way that
is likely to bring his or her office into |
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(v) |
lost the confidence of
his or her electorate. |
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(3) |
The Secretary of State must
make rules by statutory instrument within 6 |
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months of the passing of
this Act setting out— |
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(a) |
how notice of intent to petition
for recall is to be given, |
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(b) |
how “registered voters”
are to be defined in this Act for different types |
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(c) |
the definition of “appropriate
Returning Officer”, |
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(d) |
the ways in which registered
voters can sign a recall petition, and |
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(e) |
the ways in which signatures
to such petitions will be verified. |
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(4) |
The
Secretary of State must issue guidance to Returning Officers relating
to |
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how to make assessments under
subsection (2)(b) within 6 months of the |
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(1) |
The question that is to
appear on the ballot papers in a recall election is “Should
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[name of elected representative]
be recalled from [name of body or office]?”. |
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(2) |
The Secretary of State must
make rules by statutory instrument within 6 |
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months of the passing of
this Act making provision relating to entitlement to |
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vote in, and the conduct
of, the recall election. |
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(3) |
If at a recall election
more votes are cast in favour of the answer “Yes”
than in |
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favour of the answer “No”,
then— |
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(a) |
if the elected representative
has been elected under a first past the post |
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or alternative vote electoral
system, he or she is recalled and a by- |
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election must be held within
3 months in which the recalled candidate |
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(b) |
if the elected representative
has been elected under a system of |
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proportional representation,
the next candidate on the relevant party |
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list shall take the seat. |
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In this Act “elected
representative” means any person elected in England to |
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serve as a Member of Parliament,
a Member of the European Parliament, a |
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member of a local or parish
council, or an elected Mayor. |
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A statutory instrument containing
rules under this Act is subject to annulment |
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in pursuance of a resolution
of either House of Parliament. |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
sums to be paid by the Secretary of State for or in connection
with the |
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carrying
out of his functions under this Act; and |
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(b) |
any
increase attributable to this Act in the sums which are payable
out of |
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money
so provided under any other Act. |
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6 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Recall of Elected Representatives Act 2011. |
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(2) |
Section 1(1) of this Act
comes into force at the end of the period of 18 months |
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beginning with the day on
which this Act is passed. |
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(3) |
The remaining provisions
of this Act come into force on the day it is passed. |
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(4) |
This Act extends to England
and Wales. |
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