PART III
THE NATIONAL PARLIAMENT
15 The
Constitution of Parliament
(1) Parliament consists of -
(a) the House of Commons;
(b) the Second Chamber; and
(c) the Head of State.
(2) The Assemblies of Scotland, Wales and Northern
Ireland, and the electorate of the United Kingdom, participate
in the legislative process insofar as any or all of them are empowered
or may be required by the Constitution.
(3) The House of Commons is elected to represent
the people of the United Kingdom and ensure that the conduct of
government is for, and with, the people under the Constitution.
It does this by choosing the Prime Minister, by providing a national
forum for public consideration of issues, by passing legislation,
and by scrutinising and holding the executive and public services
of state to account.
(4) The Second Chamber is elected to serve as
a revising and complementary chamber alongside the House of Commons,
with particular responsibility for the following areas of public
business:
(a) the scrutiny and approval of amendments to
the Constitution and other legislation affecting the Constitution;
(b) the scrutiny and debate of treaty negotiations
conducted by the government;
(c) the examination and approval of executive decisions
to declare war or enter into armed conflict abroad;
(d) inquiries into domestic compliance with international
human rights law treaties.
(5) For the avoidance of doubt, all Bills brought
from the House of Commons may be subject to amendment in the Second
Chamber, other than Money Bills certified in accordance with
Article 24.[828]
(6) A Joint Committee of both Houses shall be
established by Standing Orders to facilitate the reconciliation
of differences of opinion between the House of Commons and the
Second Chamber.
(7) The seat of Parliament is the Palace of Westminster
in London, but an Act of Parliament enacted in accordance with
Article 53 may determine that the seat of Parliament is elsewhere.
(8) A Speaker for each House of Parliament shall
be elected from among its members in accordance with Article 21,
to chair the proceedings of each House, and to represent the House
it chairs in communications with the Head of State or any external
purposes.
(9) The term "Parliament" in this Constitution
signifies the Parliament of the United Kingdom, unless the context
indicates otherwise.
16 Legislative
Authority in the State
(1) The legislative power in the United Kingdom
is vested in Parliament and the Assemblies.
(2) The division of competence between Parliament
and the Assemblies is determined by this Constitution.
(3) Nothing in this Constitution prevents an
Act of Parliament, or a devolved Parliament or Assembly, conferring
legislative functions upon another authority within its jurisdiction,
as the case may be.
(4) No Bill may be passed by Parliament or by
a devolved Parliament or Assembly that transfers permanently,
or divests Parliament or the devolved Parliament or Assembly of,
legislative power.
17 National
Legislative Authority
(1) Parliament has exclusive powers to make laws
with respect to -
(a) amendments to the Constitution, including
without limitation matters relating to -
(i) Parliament;
(ii) elections and representation;
(iii) the courts of England and Wales;
(iv) the executive and offices of Prime Minister
and Head of State;
(v) the territorial extent of the state; and
(vii) relations with the British Islands and
Overseas Territories;
subject always to the applicable amendment procedures
set down in the Constitution; and -
(b) pass legislation with regard to any matter,
including without limitation matters relating to -
(i) the structure and operation of departments;
(ii) authorities or agencies under the Government;
(iii) the Armed Forces, civil defence and national
security;
(iv) citizenship, nationality and immigration;
(v) taxation and social security;
(vi) coinage, legal tender, interest rates and
credit, banking and insurance;
(vii) postal and communications services;
(viii) freedom of trade and commerce; and
(ix) membership of the European Union.
(2) Parliament has exclusive power to legislate
where legislation is required to give effect, as part of the domestic
law of the United Kingdom, to treaties or European Union obligations.
(3) Parliament may, by Act of Parliament, delegate
to a devolved Parliament or Assembly the power to legislate on
any matter that is within the exclusive legislative powers of
Parliament.
18 Membership
of Parliament
(1) The elections for members of Parliament in
each House shall be conducted in accordance with, and at the times
prescribed in, Part IV of the Constitution.
(2) The House of Commons shall be composed of
not more than 650, and not fewer than 600, members, as determined
by Act of Parliament.
(3) The Second Chamber[829]
shall be composed of 240 members.
(4) No member of a House of Parliament may stand
for election to, or sit as a member of, the other House.
(5) A person is qualified for election as a member
of either House of Parliament if that person is entitled under
Article 25(2) to vote in elections for Parliament.
(6) No person is qualified for election as a
member of either House of Parliament, if that person -
(a) is not a British national;
(b) holds or is acting in any office in the public
service under the Government or is a full-time member of the judiciary,
the regular Armed Forces or the police;
(c) is an undischarged bankrupt;
(d) is detained under the provisions of any law
on the ground of suffering from mental illness;
(e) is serving a sentence of imprisonment for
more than one year, or an indefinite sentence, following conviction
for a criminal offence;
(f) holds or is acting in any office the function
of which involves any responsibility for, or in connection with,
the conduct of any election for Parliament or the compilation
or revision of any electoral register;
(g) s disqualified for membership of Parliament
under any law by reason of having been convicted of any offence
connected with an election for Parliament.
(h) The seat of a member of a House of Parliament
becomes vacant -
(i) upon the next expiry or dissolution of that
House after the election of the member; or
(ii) on the receipt by the Speaker of that House
of a letter of resignation from the member; or
(iii) if the member is expelled by resolution
of that House for misconduct or for persistent neglect of Parliamentary
duties;
(iv) if any other circumstances arise which would
cause the member, if he or she were not a member, to be disqualified
from election as a member of that House.
19 Duration
of Parliament and Electoral Terms[830]
General
(1) Parliament remains in continuous existence,
subject to the composition and meetings of the House of Commons
and the Second Chamber being regulated in the electoral terms
set out in this Article.
(2) The two Houses of Parliament shall function
in five yearly electoral terms, which expire following a general
election on the date that the newly elected members in each House
convene for their first meeting.
(3) Within six weeks before the expiry of each
electoral term, the Privy Council shall issue a proclamation that
-
(a) authorises the procedures and timetable set
out in an Act of Parliament[831]
necessary for the holding of a general election;
(b) specifies the dates for polling day (being
a date before the end of the electoral term); and
(c) specifies the date for the first meeting
of the newly-elected House of Commons and Second Chamber, which
shall be no more than two weeks after the date of the polling
day.
Early General Election
(4) If, within twenty parliamentary days following
the passing of a motion of no confidence in the Prime Minister,
the House of Commons fails to elect a Prime Minister, an early
general election shall be held, which shall be initiated by the
Privy Council issuing a proclamation, taking place immediately
or as soon as practicable at the expiry of the twenty parliamentary
days, of similar effect and purpose to that set out in paragraph
(3).
(5) If a motion of no confidence in the Government
is passed by the House of Commons, or a motion for the confidence
of the House of Commons in the Government defaults, an early general
election shall be held, which shall be initiated by the Privy
Council issuing a proclamation of similar effect and purpose to
that set out in paragraph (3).
(6) The electoral term of the House of Commons
after an early general election provided for in paragraphs (4)
and (5) shall be the remainder of the term of the previous House
of Commons.
Interpretation
(7) In this Article the expression "parliamentary
days" means days on which either House of Parliament meets,
and includes days comprised in any period of not more than four
days when both Houses are adjourned; the expression "House"
includes the Second Chamber; and the expression "general
election" means an election of the membership of the House
of Commons.
20 Parliamentary
Privilege
(1) Each House of Parliament, and its members,
have the rights, powers, privileges and jurisdiction vested in
the corresponding House, or its members, as immediately prior
to the coming into force of this Constitution, except to the extent
that they are altered by, or are inconsistent with, this Constitution
or an Act of Parliament passed after this Constitution comes into
force.
(2) The rights and privileges of members apply
notwithstanding paragraphs (4), (5), (8) and (10) of Article 36
(Bill of Rights).
(3) The freedom of speech and debates or proceedings
in Parliament shall not be impeached or questioned in any court
or place out of Parliament.
(4) Each House of Parliament may regulate its
own procedure, and for that purpose may make standing orders.
(5) Each House of Parliament has the power to
send for persons, papers and records, and this power may be delegated
by the House to its committees.
21 The
Speakers in both Houses
(1) At its first meeting after the summoning
of a new House of Parliament and before proceeding to the despatch
of any other business, that House shall elect one of its members,
other than a Minister, to be the Speaker of that House; and if
the office of Speaker in either House falls vacant at any time
before the expiry of the House, that House shall, as soon as practicable,
elect another such member of the House to the office.
(2) Standing orders of each House shall -
(a) provide for deputies to the Speaker; and
(b) regulate proceedings connected with the election
of the Speaker and deputies; and
(c) provide for the appointment of a Counsel to the
Speaker who shall provide such legal advice as the Speaker, a
deputy to the Speaker or the House may require.
(3) A certificate that is endorsed on any Bill
by the Speaker of the House of Commons or the Speaker of the Second
Chamber, and in particular on a Money Bill under Article [67],
a public Bill under Article [6], a Bill for the amendment of the
Constitution under Article [69], or a Constitutional Bill under
Article [70], is conclusive and its validity shall not be considered
by any court, other than the Supreme Court.
22 Salaries,
Standards and Interests
(a) Members of the Houses of Parliament shall
receive salaries and pensions and facilities appropriate to the
full time performance of their responsibilities.
(b) There shall be an Independent Parliamentary
Standards Authority to determine the level of salaries and scheme
of allowances for members in each House of Parliament; and the
composition, organisation and resources for the Authority shall
provided for by Act of Parliament.[832]
(c) In any debate or proceeding of either House
or of any of its committees or in transactions or communications
which a member may have with other members of Parliament or with
Ministers or with members of a public service, the member shall
disclose any pecuniary interest or benefit of whatever nature,
whether direct or indirect, that he or she may have had, may have,
or may be expecting to have.
(d) Each House of Parliament shall maintain a
Register of Members' Interests, which shall be available for public
inspection; and there shall be established a joint Select Committee
of both Houses to examine, and make recommendations to Parliament
on, matters connected with the Registers.
(e) Each House of Parliament shall maintain and
by resolution approve a Code of Conduct for members, with the
draft of each new edition being prepared under the supervision
of the Speaker in consultation with the Commission for Democracy.
23 Ordinary
Legislative Procedures
Primary Legislation
(1) A public Bill, other than a Money Bill, may
be introduced in either House by any member; and the term "public
Bill' for the purposes of this Article means a Bill for a Public
General Act.
(2) Subject to this Constitution, a public Bill
becomes law when it is passed by the affirmative vote of a majority
of the members of both Houses of Parliament, sitting separately,
and the Assent of the Head of State is signified.
(3) The presentation, and procedure for enactment,
of Bills for Local and Personal Acts shall be regulated by standing
orders of both Houses.
(4) Except on the recommendation or with the
consent of the Cabinet, signified by a Minister, neither House
of Parliament shall -
(a) proceed with any Bill (including any amendment
to a Bill) which, in the opinion of the person presiding, makes
provision for any of the following purposes -
(i) for imposing, increasing, reducing or abolishing
any tax;
(ii) for imposing or increasing any charge on
the Consolidated Fund, or other public fund or the public revenue,
of the United Kingdom, or for altering any such charge otherwise
than by reducing it; or
(iii) for compounding or remitting any debt due
to the Government;
(b) proceed upon any motion (including any amendment
to a motion) the effect of which, in the opinion of the person
presiding, would be to make provision for any of those purposes;
or
(c) receive any petition which, in the opinion
of the person presiding, requests that provision be made for any
of those purposes.
(5) The validity of the proceedings leading to
the enactment of an Act of Parliament shall not be considered
by any court.
Subordinate Legislation
(7) A joint Committee of both Houses of Parliament
shall be established to examine and, where in the opinion of the
Committee it is necessary, report to each House with respect to
-
(a) an enabling provision in any public Bill
presented to the House which delegates legislative power; and
(b) any subordinate legislation laid before the
House which, in the opinion of the Committee -
(i) that it imposes, or sets the amount of, a
charge on public revenue or that it requires payment for a licence,
consent or service to be made to the Exchequer, a government department
or a public or local authority, or sets the amount of the payment;
(ii) that its parent legislation says that it
cannot be challenged in the courts;
(iii) that it appears to have retrospective effect
without the express authority of the parent legislation;
(iv) that there appears to have been unjustifiable
delay in publishing it, laying it before Parliament, sending notification
where required to the Minister of Justice or Speakers of each
House where the instrument has come into force before it has been
laid; or
(v) that there appear to be doubts whether there
is power to make it or that it appears to make an unusual or unexpected
use of the powers conferred by the enactment under which it is
made; or
(vi) that its form or meaning needs to be explained,
or its drafting appears to be defective;
(vii) any other ground which does not go to its
merits or the policy behind it.
(8) Nothing in this Constitution shall be construed
as affecting the power of either House of Parliament to annul
subordinate legislation that is subject to annulment by resolution
of either House, or to disapprove subordinate legislation that
is subject to approval by resolution of either House.
24 Powers
of the Second Chamber
Money Bills
(1) If a Money Bill, that has been passed by
the House of Commons and sent to the Second Chamber at least 30
parliamentary days before the end of the session, is not passed
by the Second Chamber, without amendment, within 30 parliamentary
days after it is sent, the Bill shall -
(a) unless the House of Commons otherwise directs,
be presented to the Head of State for Assent; and
(b) become an Act of Parliament on Assent being
signified,
notwithstanding that the Second Chamber has not consented
to the Bill.
(2) For the purposes of this Constitution, the
expression "Money Bill" means a public Bill which, in
the opinion of the Speaker of the House of Commons, contains only
provisions dealing with all or any of the following matters -
(a) the imposition, repeal, remission, alteration,
or regulation of taxation;
(b) the imposition, for the payment of debt or
other financial purposes, of charges on the Consolidated Fund,
the National Loans Fund or on money appropriated by Parliament,
or the variation or repeal of any such charges;
(c) supply (parliamentary grants to government
requests for resources);
(d) the appropriation, receipt, custody, issue
or audit of accounts of public money;
(e) the raising or guarantee of any loan or the
repayment thereof;
(f) matters incidental to those matters or any
of them.
(3) For the purposes of this Article, the expressions
"taxation", "public money" and "loan"
do not include, respectively, taxation, money or loan raised by
a devolved Parliament or Assembly or local authority.
(4) There shall be endorsed on a Money Bill presented
to the Head of State for Assent the certificate of the Speaker
of the House of Commons, signed by the Speaker, that the Bill
is a Money Bill.
Ordinary Public Bills
(5) This Article applies to any public Bill which
has been passed by the House of Commons, after considering the
Bill as passed by the Second Chamber, and which is sent back to
the Second Chamber; but does not apply to -
(a) a Money Bill, as provided for in paragraphs (1)-(4);
or
(b) a Bill for the amendment of the Constitution,
as provided for in Article 52; or
(c) a Constitutional Bill, as provided for in Article
53.
(6) If a Bill to which this Article applies is
rejected by the Second Chamber, then, subject to this Article,
the Bill shall, if the House of Commons so resolves, be presented
to the Head of State for Assent, and become an Act of Parliament
on Assent being signified, notwithstanding that the Second Chamber
has not consented to the Bill.
(7) A resolution under this Article shall not
be moved in the House of Commons until a period of delay of 12
calendar months has elapsed, either -
(a) from the day on which the Bill was rejected
by the Second Chamber; or
(b) if the Bill was so rejected more than 120
parliamentary days after being sent to that House, from the last
of those days.
(8) A resolution under this Article may be passed,
and the Assent of the Head of State may be signified accordingly,
notwithstanding any prorogation or the expiry or dissolution of
either House during the period of delay; and in that case, the
resolution shall not take effect unless passed within 30 parliamentary
days after the end of the period of delay or the first meeting
of the new House, as the case may be.
(9) For the purposes of this Article, a Bill
is rejected by the Second Chamber in the following circumstances
(and not otherwise) -
(a) if a motion for the rejection of the Bill
is carried, or a motion at any stage that the Bill be read or
be passed is rejected or amended, by the Second Chamber;
(b) if the Bill is passed by the Second Chamber
with substantive provisions that are not identical with those
in the Bill sent back to it by the House of Commons;
(c) if, after 120 parliamentary days beginning
on the day on which the Bill was sent back to the Second Chamber
and in the session in which it was so sent -
(i) a motion relevant to the progress of the
Bill in the Second Chamber and expressed to be made pursuant to
this Article, is proposed by the member in charge of the Bill
and is rejected by the Second Chamber; or
(ii) the House of Commons resolves, on a motion
of which at least 10 parliamentary days' notice has been given,
that the Bill be treated for the purposes of this Article as rejected
by the Second Chamber.
(10) The date on which a Bill is rejected by
the Second Chamber shall be endorsed on the Bill by the Clerk
of the Parliaments or, if the Bill is then in the possession of
the House of Commons, by the Clerk of that House.
(11) On the expiration of the period of delay,
the Bill shall, unless it is then in the possession of the House
of Commons, be returned to that House.
(12) A Bill shall not be presented to the Head
of State for Assent under this Article, unless there is endorsed
upon it the certificate of the Speaker of the House of Commons,
signed by him, that this Article has been complied with.
828 This provision abolishes the government being able
to claim House of Commons privilege in rejecting Lords amendments
on legislative proposals where any financial expenditure is involved. Back
829
The Constitution leaves it to the decision of the Second Chamber
itself to determine whether and if so how it wishes to designate
its members ("peers", "senators", "MSC",
etc). Back
830
Article 80 revises the arrangements under the Fixed-term Parliaments
Act 2011 in the manner proposed by Professor Blackburn to the
House of Commons Political and Constitutional Reform Committee,
Fixed-term Parliaments Bill, 2010-12, HC 436. It has the
advantages of (a) ending the situation that no Parliament is in
existence during the six weeks or so of an election campaign in
the event of some grave national emergency arising for the government
to deal with; and (b) facilitates an early general election if
the House of Commons believes one is necessary (by way of simple
majority voting, instead of the two-thirds membership majority
required in the 2011 Act) but at the same time lays down a disincentive
to the Prime Minister to abuse the process (ie by calling the
election at a favourable moment simply to increase his majority
or extend his tenure in office) which is that the electoral term
after a vote for an early general election is the remainder of
the previous House of Commons. Back
831
Currently set down in the Representation of the People Act 1983. Back
832
This enables the Parliamentary Standards Act 2009 to continue
in operation. Back
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