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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | 1639, 1761, 1835, 1841-45, 1855-56, 1863-64 and 1867-69 |
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| | Localism Bill, As Amended |
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| | Page 30, line 2 [Clause 41], leave out ‘5%’ and insert ‘10%’. |
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| | Page 33, line 3 [Clause 48], leave out ‘authority’ and insert ‘authority’s electoral |
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| | Page 33, line 4 [Clause 48], at end insert ‘subject to the provisions of subsections |
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| | Page 33, line 10 [Clause 48], leave out subsections (3) and (4) and insert— |
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| | | ‘(3) | But if the principal local authority’s electoral registration officer considers that |
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| | | the question so stated is misleading, he or she must— |
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| | | (a) | in relation to a referendum following a petition, consult the petition |
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| | | organiser and try to reach agreement; |
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| | | (b) | in relation to a referendum following a request, consult the member or |
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| | | members who made the request and try to reach agreement. |
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| | | (4) | Should agreement not be reached the wording of the question must be decided by |
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| | | the Electoral Commission.’. |
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| | Page 33, line 17 [Clause 48], leave out ‘authority’ and insert ‘principal local |
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| | authority’s electoral registration officer’. |
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| | Page 33, line 17 [Clause 48], leave out ‘it’ and insert ‘he or she’. |
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| | Page 33, line 18 [Clause 48], leave out ‘its’ and insert ‘his or her’. |
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| | Page 33, line 19 [Clause 48], leave out paragraph (b) and insert— |
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| | | ‘(b) | if he or she considers that the question so stated is misleading, his or her |
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| | | reasons for doing so, and |
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| | | (c) | the outcome of any discussions held under subsections (3) and (4).’. |
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| | Page 33, line 19 [Clause 48], at end insert— |
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| | | ‘(6) | In this Chapter “electoral registration officer” is as defined in the Representation |
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| | | of the People Act 1983.’. |
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| | Page 33, line 22 [Clause 49], leave out ‘authority’ and insert ‘authority’s electoral |
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| | Page 33, line 32 [Clause 49], leave out ‘12’ and insert ‘6’. |
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| | Page 35, line 7 [Clause 52], leave out subsection (3) and insert— |
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| | | ‘(3) | The outcome of a local referendum shall be binding on the principal local |
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| | | authority, subject to exceptions set out in regulations made by the Secretary of |
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| | | State by statutory instrument.’. |
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| | Page 35, line 10 [Clause 52], leave out subsection (4) and insert— |
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| | | ‘(4) | Regulations under this section must be laid before Parliament before the end of |
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| | | six months beginning with the day on which this Act is passed.’. |
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| | Page 35, line 13 [Clause 52], leave out ‘to (8)’ and insert ‘and (7)’. |
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| | Page 35, line 17 [Clause 52], leave out subsections 7 and 8 and insert— |
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| | | ‘(7) | The outcome of a local referendum shall be binding on the partner authority, |
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| | | subject to exceptions set out in regulations made by the Secretary of State by |
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| | To move the following Clause:— |
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| | | ‘(1) | If 25% or more of the registered voters in the constituency of an elected local |
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| | | government member sign a relevant recall petition then a recall election must be |
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| | | held on the same date as the next election (whether or not a local election) to be |
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| | | held in the constituency of the elected government member, provided that that |
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| | | election is not less than 12 weeks after the threshold has been reached. |
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| | | (2) | In order for a recall petition to be relevant the appropriate returning officer must |
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| | | (a) | the petition has been submitted in accordance with the rules provided for |
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| | | (b) | there is evidence contained in the petition that the elected local |
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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 lay regulations before Parliament within six months |
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| | | 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 for different types of |
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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, |
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| | | (e) | the ways in which signatures to such petitions will be verified, |
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| | | (f) | entitlement to vote in, and the conduct of, the recall election, |
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| | | (g) | rules on any other related matters as considered necessary by the |
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| | | (h) | consequential, saving, transitory or transitional provision (including |
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| | | amendments to existing statutory provision, whenever passed or made). |
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| | | (4) | The Secretary of State must issue guidance to returning officers on how to make |
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| | | assessments under subsection (2)(b) within six months of the passing of this Act. |
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| | | (5) | The question that is to appear on the ballot papers in a recall election is “Should |
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| | | [name of elected local government member] be recalled from [name of body or |
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| | | (6) | 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 or |
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| | | alternative vote electoral system, he or she is recalled and a by-election |
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| | | must be held within three months in which the recalled candidate may |
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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 list |
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| | | (7) | In this section “elected local government member” means any person elected to |
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| | | the Greater London Authority, a county council in England, district council, or |
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| | | London borough council, including an elected mayor of the council; and the |
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| | | (8) | Regulations under this section may not be made unless a draft of the statutory |
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| | | instrument containing the regulations has been laid before, and approved by a |
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| | | resolution of, each House of Parliament. |
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| | | (9) | Subsections (1) and (2) come into force six months after the day on which the |
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| | | regulations under subsection (3) are made.’. |
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| | Page 53, line 11 [Clause 73], at end insert ‘or |
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| | | (iv) | by a community interest group as defined in section 79’. |
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| | Page 56, line 30 [Clause 79], at end insert ‘, and |
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| | | (c) | where the owner of land is a public body or a charity, that any community |
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| | | interest group or groups which meet the requirements of paragraph (a) |
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| | | have been provided with the option of first refusal to purchase the asset, |
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| | | with regulations for this purpose made by the relevant authority.’. |
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| | Page 56, line 25 [Clause 79], leave out ‘either’. |
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| | Page 56, line 39 [Clause 79], at end insert ‘, which must be no less than 12 |
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| | Page 53, line 24 [Clause 73], at end insert ‘which must include the following |
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| | | (a) | a requirement to consult the local community and community interest |
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| | | (b) | a requirement to conduct a community impact assessment.’. |
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