Fixed-term Parliaments Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Fixed-term Parliaments Bill

Fixed-term Parliaments Bill
1

A
Bill
[AS AMENDED IN THE COMMITTEE]
To
Make provision about the dissolution of Parliament and the determination of
polling days for parliamentary general elections; 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:—
1
Polling days for parliamentary general elections
(1)
This section applies for the purposes of the Timetable in rule 1 in Schedule 1 to
the Representation of the People Act 1983 and is subject to section 2.
(2)
The polling day for the next parliamentary general election after the passing of
this Act is to be 7 May 2015.
5
(3)
The polling day for each subsequent parliamentary general election is to be the
first Thursday in May in the fifth calendar year following that in which the
polling day for the previous parliamentary general election fell.
(4)
But, if the polling day for the previous parliamentary general election—
(a)
was appointed under section 2(6), and
10
(b)
in the calendar year in which it fell, fell before the first Thursday in
May,

subsection (3) has effect as if for “fifth” there were substituted “fourth”.
(5)
The Prime Minister may by order made by statutory instrument provide that
the polling day for a parliamentary general election in a specified calendar year
15
is to be earlier or later than the day determined under subsection (2) or (3), but
not more than two months earlier or later.
(6)
A statutory instrument containing an order under subsection (5) may not be
made unless a draft has been laid before and approved by a resolution of each
House of Parliament.
20

Bill 119
55/1

Fixed-term Parliaments Bill
2

2
Early parliamentary general elections
(1)
An early parliamentary general election is to take place if the Speaker of the
House of Commons issues a certificate—
(a)
certifying that the House has passed a motion that there should be an
early parliamentary general election,
5
(b)
certifying whether or not the motion was passed on a division, and
(c)
if it is certified that the motion was passed on a division, certifying that
the number of members who voted in favour of the motion was a
number equal to or greater than two thirds of the number of seats in the
House (including vacant seats).
10
(2)
An early parliamentary general election is also to take place if the Speaker of
the House of Commons issues a certificate certifying that—
(a)
on a specified day the House passed a motion of no confidence in Her
Majesty’s Government (as then constituted), and
(b)
the period of 14 days after the specified day has ended without the
15
House passing any motion expressing confidence in any Government
of Her Majesty.
(3)
A certificate under this section is conclusive for all purposes.
(4)
Before issuing a certificate, the Speaker of the House of Commons must consult
the Deputy Speakers (so far as practicable).
20
(5)
Subsection (6) applies for the purposes of the Timetable in rule 1 in Schedule 1
to the Representation of the People Act 1983.
(6)
If a parliamentary general election is to take place as provided for by
subsection (1) or (2), the polling day for the election is to be the day appointed
by Her Majesty by proclamation on the recommendation of the Prime Minister
25
(and, accordingly, the appointed day replaces the day which would otherwise
have been the polling day for the next election determined under section 1).
3
Dissolution of Parliament
(1)
The Parliament then in existence dissolves at the beginning of the 17th working
day before the polling day for the next parliamentary general election as
30
determined under section 1 or appointed under section 2(6).
(2)
Parliament cannot otherwise be dissolved.
(3)
Once Parliament dissolves, the Lord Chancellor and, in relation to Northern
Ireland, the Secretary of State have the authority to have the writs for the
election sealed and issued (see rule 3 in Schedule 1 to the Representation of the
35
People Act 1983).
(4)
Once Parliament dissolves, Her Majesty may issue the proclamation
summoning the new Parliament which may—
(a)
appoint the day for the first meeting of the new Parliament;
(b)
deal with any other matter which was normally dealt with before the
40
passing of this Act by proclamations summoning new Parliaments
(except a matter dealt with by subsection (1) or (3)).
(5)
In this section “working day” means any day other than—
(a)
a Saturday or Sunday;
(b)
a Christmas Eve, Christmas Day or Good Friday;
45

Fixed-term Parliaments Bill
3

(c)
a day which is a bank holiday under the Banking and Financial
Dealings Act 1971 in any part of the United Kingdom;
(d)
a day appointed for public thanksgiving or mourning.
(6)
But, if—
(a)
on a day (“the relevant day”) one or more working days are fixed or
5
appointed as bank holidays or days for public thanksgiving or
mourning, and
(b)
as a result, the day for the dissolution of a Parliament would (apart
from this subsection) be brought forward from what it was
immediately before the relevant day to a day that is earlier than 30 days
10
after the relevant day,
the day or days in question are to continue to be treated as working days (even
if the polling day is subsequently changed).
4
Supplementary provisions
(1)
This Act does not affect Her Majesty’s power to prorogue Parliament.
15
(2)
This Act does not affect the way in which the sealing of a proclamation
summoning a new Parliament may be authorised; and the sealing of a
proclamation to be issued under section 2(6) may be authorised in the same
way.
(3)
The Schedule (which contains consequential amendments etc) has effect.
20
5
Final provisions
(1)
This Act may be cited as the Fixed-term Parliaments Act 2010.
(2)
This Act comes into force on the day it is passed.
(3)
An amendment or repeal made by this Act has the same extent as the
enactment or relevant part of the enactment to which the amendment or repeal
25
relates.

4
Fixed-term Parliaments Bill
Schedule — Consequential amendments etc

Schedule
Section 4

Consequential amendments etc
Succession to the Crown Act 1707 (c. 41)
1
In section 7 of the Succession to the Crown Act 1707 omit “or dissolve”.
Septennial Act 1715 (c. 38)
5
2
The Septennial Act 1715 is repealed.
Representation of the People Act 1867 (c. 102)
3
In section 51 of the Representation of the People Act 1867 omit “or
dissolved” where it occurs second.
Parliament Act 1911 (c. 13)
10
4
In the Parliament Act 1911 omit section 7.
Regency Act 1937 (c. 16)
5
In section 6(1) of the Regency Act 1937 omit the words from “to dissolve
Parliament” to “telegraph), or”.
Representation of the People Act 1983 (c. 2)
15
6
The Representation of the People Act 1983 is amended as follows.
7
In section 76ZA(3)(a) after “during” insert “or after”.
8
In section 93(5)(a) omit the words from “or any earlier time” to the end.
9
In section 119(2) after “mourning” insert “(but, in relation to a parliamentary
general election, excluding any day to which rule 2 of the parliamentary
20
elections rules does not apply by virtue of rule 2(2A))”.
10    (1)
Amend the Timetable in rule 1 in Schedule 1 as follows.
      (2)
In the entry relating to “Issue of writ”, in column 2, for “issue of the
proclamation summoning the new Parliament” substitute “dissolution of
Parliament by section 3(1) of the Fixed-term Parliaments Act 2010”.
25
      (3)
In the entry relating to “Delivery of nomination papers”, in column 2, for
“proclamation summoning the new Parliament” substitute “dissolution of
Parliament by section 3(1) of the Fixed-term Parliaments Act 2010”.
      (4)
In the entry relating to “Polling”, in column 2, for “eleventh day after the last
day for delivery of nomination papers” substitute “day determined under
30
section 1 of the Fixed-term Parliaments Act 2010 or appointed under section
2(6) of that Act”.

Fixed-term Parliaments Bill
Schedule — Consequential amendments etc
5

11    (1)
Amend rule 2 in Schedule 1 as follows.
      (2)
In paragraph (1) omit the words from “, and any such day” to the end.
      (3)
After paragraph (1) insert—
   “(1A)
In relation to a general election, any day within paragraph (1)(a) to
(c) shall not be treated as a day for the purpose of any proceedings
5
in the Timetable before the polling day.
     (1B)
In relation to a by-election, any day within paragraph (1)(a) to (c)
shall not be treated as a day for the purpose of any proceedings in
the Timetable up to the completion of the poll nor shall the
returning officer be obliged to proceed with the counting of the
10
votes on such a day.”
      (4)
Omit paragraph (2)(ii) and the “and” before it.
      (5)
After paragraph (2) insert—
   “(2A)
In relation to a general election, this rule does not apply to a day
which is a bank holiday or a day appointed for public
15
thanksgiving or mourning if—
(a)
the day was not fixed or appointed as such before the
dissolution of Parliament by section 3(1) of the Fixed-term
Parliaments Act 2010, or
(b)
the day is one that is treated as a working day by section
20
3(6) of that Act.

But, in relation to any proceedings commenced afresh by reason of
a candidate’s death, this paragraph is to be ignored.”
12
In rule 6A(4) in Schedule 1 after “rule 2(1)” insert “(subject to rule 2(2A))”.
13
In the form of writ in the Appendix of Forms at the end of Schedule 1 for the
25
words from “the advice” to “next” substitute “section 3(1) of the Fixed-term
Parliaments Act 2010 Parliament has dissolved”.
Representation of the People Act 1985 (c. 50)
14
The Representation of the People Act 1985 is amended as follows.
15    (1)
Amend section 15 as follows.
30
      (2)
After subsection (3) insert—
“(3A)
Where the polls at an election of the Northern Ireland Assembly are
to be taken on the same date as the polls at one or more elections of
the kind mentioned in subsection (1), the Chief Electoral Officer for
Northern Ireland may direct that the polls at the election of the
35
Assembly are to be taken together with the polls at the other election
or elections.”
      (3)
After subsection (5A) insert—
“(5B)
The power under subsection (5) above to make provision in
connection with the combining of polls under subsection (3A)
40
includes power to modify—

Fixed-term Parliaments Bill
Schedule — Consequential amendments etc
6

(a)
Part 2 or 3 of the Schedule to the Elections Act 2001 (in
addition to the power conferred by paragraph 32 of that
Schedule);
(b)
any provision made under section 34(4) or 84(1) of the
Northern Ireland Act 1998 or section 38(1)(a) of the Northern
5
Ireland Constitution Act 1973 (see section 95(1) of the 1998
Act);
(c)
any provision made by or under Northern Ireland legislation
relating to local elections.”
16
For section 20 substitute—
10
“20
Demise of the Crown and parliamentary elections etc
(1)
Subject to what follows, the demise of the Crown does not affect any
proclamation summoning a new Parliament issued before the
demise (see section 3(4) of the Fixed-term Parliaments Act 2010) (or
any other matter relating to a parliamentary election or the
15
summoning of a new Parliament).
(2)
Subsections (3) to (6) apply if the demise occurs—
(a)
on the day of the dissolution of a Parliament by section 3(1)
of the 2010 Act, or
(b)
after that day but before the polling day for the next
20
parliamentary general election after the dissolution as
determined under section 1 of the 2010 Act or appointed
under section 2(6) of the 2010 Act (“the current election”);

and any relevant writ, notice or other document is to be issued or, if
already issued, read accordingly.
25
(3)
In relation to the current election, for the purposes of the timetable in
rule 1 in Schedule 1 to the principal Act—
(a)
the polling day shall be—
(i)
the 14th day after the day which would otherwise
have been the polling day, or
30
(ii)
if the 14th day is not a working day, the next working
day after the 14th day;
(b)
any working day within the period of 13 days beginning with
the day after the demise—
(i)
shall be disregarded in computing any period of time,
35
and
(ii)
shall not be treated as a day for the purpose of any
proceedings before the polling day.
(4)
If the polling day for the current election was appointed under
section 2(6) of the 2010 Act, the reference to the polling day in section
40
1(4) of the 2010 Act is to be read, in relation to the current election, as
a reference to the new polling day under subsection (3)(a).
(5)
Section 76 of the principal Act shall have effect in relation to any
candidate at the current election as if the maximum amount specified
in subsection (2)(a) of that section were increased by one half.
45
(6)
If the proclamation summoning the new Parliament after the current
election was issued before the demise, the meeting of the new

Fixed-term Parliaments Bill
Schedule — Consequential amendments etc
7

Parliament shall (subject to any prorogation subsequent to the
demise) take place—
(a)
on the 14th day after the day appointed in the proclamation
for the meeting, or
(b)
if the 14th day is not a working day, the next working day
5
after the 14th day.
(7)
If the demise occurs within the period of seven days before the day
of the dissolution of a Parliament by section 3(1) of the 2010 Act,
subsections (2) to (6) have effect as if the demise occurred on that
day.
10
(8)
In this section “working day” means any day other than one to which
rule 2 in Schedule 1 to the principal Act applies in relation to the
current election (or would have applied had it fallen before the
polling day).”
Parliamentary Constituencies Act 1986 (c. 56)
15
17
In section 4(6) of the Parliamentary Constituencies Act 1986 for the words
from the first “until” to “affect” substitute “or”.
Political Parties, Elections and Referendums Act 2000 (c. 41)
18
The Political Parties, Elections and Referendums Act 2000 is amended as
follows.
20
19
In section 22(2A) after “1983” insert “(subject to rule 2(2A))”.
20
In section 63(6)(a) for the words from “Her Majesty’s” to “forthcoming”
substitute “Parliament is dissolved by section 3(1) of the Fixed-term
Parliaments Act 2010 for a”.
21    (1)
Amend Schedule 9 as follows.
25
      (2)
In paragraph 1(3)(a) for the words from “Her Majesty’s” to “forthcoming”
substitute “Parliament is dissolved by section 3(1) of the Fixed-term
Parliaments Act 2010 for a”.
      (3)
In paragraph 9(6)(b) for the words from “Her Majesty’s” to “with” substitute
“Parliament is dissolved by section 3(1) of the Fixed-term Parliaments Act
30
2010 for”.
22    (1)
Amend Schedule 10 as follows.
      (2)
In paragraph 1(2)(a) for the words from “Her Majesty’s” to “forthcoming”
substitute “Parliament is dissolved by section 3(1) of the Fixed-term
Parliaments Act 2010 for a”.
35
      (3)
In paragraph 9(6)(b) for the words from “Her Majesty’s” to “with” substitute
“Parliament is dissolved by section 3(1) of the Fixed-term Parliaments Act
2010 for”.