|
| |
|
27 | Section 24 not to apply to certain descriptions of treaties |
| |
(1) | Section 24 does not apply to— |
| |
(a) | a treaty covered by section 12 of the European Parliamentary Elections |
| |
Act 2002 (c. 24) (treaty providing for increase in European Parliament’s |
| |
powers not to be ratified unless approved by Act of Parliament); |
| 5 |
(b) | a treaty covered by section 5 of the European Union (Amendment) Act |
| |
2008 (c. 7) (treaty amending founding Treaties not to be ratified unless |
| |
approved by Act of Parliament). |
| |
(2) | Section 24 does not apply to a treaty in relation to which an Order in Council |
| |
may be made under one or more of the following— |
| 10 |
(a) | section 158 of the Inheritance Tax Act 1984 (c. 51) (double taxation |
| |
| |
(b) | section 2 of the Taxation (International and Other Provisions) Act 2010 |
| |
(c. ) (double taxation arrangements); |
| |
(c) | section 173 of the Finance Act 2006 (c. 25) (international tax |
| 15 |
enforcement arrangements). |
| |
(3) | Section 24 does not apply to a treaty concluded (under authority given by the |
| |
government of the United Kingdom) by the government of a British overseas |
| |
territory, of any of the Channel Islands or of the Isle of Man. |
| |
(4) | Section 24 does not apply to a treaty a copy of which is presented to Parliament |
| 20 |
by command of Her Majesty before that section comes into force. |
| |
28 | Meaning of “treaty” and “ratification” |
| |
(1) | In this Part “treaty” means a written agreement— |
| |
(a) | between States or between States and international organisations, and |
| |
(b) | binding under international law. |
| 25 |
(2) | But “treaty” does not include a regulation, rule, measure, decision or similar |
| |
instrument made under a treaty (other than one that amends or replaces the |
| |
treaty (in whole or in part)). |
| |
(3) | In this Part a reference to ratification of a treaty is a reference to an act of a kind |
| |
specified in subsection (4) which establishes as a matter of international law the |
| 30 |
United Kingdom’s consent to be bound by the treaty. |
| |
| |
(a) | deposit or delivery of an instrument of ratification, accession, approval |
| |
| |
(b) | deposit or delivery of a notification of completion of domestic |
| 35 |
| |
| |
Referendum on voting systems |
| |
29 | Referendum on voting systems |
| |
(1) | A referendum is to be held, no later than 31 October 2011, on the voting system |
| 40 |
for parliamentary elections. |
| |
(2) | The Secretary of State must— |
| |
|
| |
|
| |
|
(a) | present to Parliament a Command Paper describing an alternative-vote |
| |
system for consideration by voters in the referendum; |
| |
(b) | by order made by statutory instrument specify the question to be asked |
| |
in the referendum (and any statement that is to precede the question) |
| |
and fix the date of the poll. |
| 5 |
(3) | The question specified under subsection (2)(b) must ask voters whether they |
| |
would prefer the alternative-vote system described in the Command Paper to |
| |
be used for parliamentary elections instead of the existing voting system |
| |
(commonly referred to as “first past the post”). |
| |
| Any form of words to that effect may be used. |
| 10 |
(4) | In this section “alternative-vote system” means a system under which, for each |
| |
| |
(a) | one candidate is elected; |
| |
(b) | voters must indicate their first-choice candidate and may also rank any |
| |
or all of the other candidates in order of preference; |
| 15 |
(c) | votes are allocated to candidates in accordance with voters’ first choices |
| |
and, if one candidate has more votes than the other candidates put |
| |
together, that candidate is elected; |
| |
(d) | if not, the candidate with the fewest votes is eliminated and that |
| |
candidate’s votes are dealt with as follows— |
| 20 |
(i) | each vote cast by a voter who also ranked one or more of the |
| |
remaining candidates is reallocated to that remaining candidate |
| |
or (as the case may be) to the one that the voter ranked highest; |
| |
(ii) | any votes not reallocated play no further part in the counting; |
| |
(e) | if one candidate now has more votes than the other remaining |
| 25 |
candidates put together, that candidate is elected; |
| |
(f) | if not, the process mentioned in paragraph (d) is repeated as many |
| |
times as necessary until one candidate has more votes than the other |
| |
remaining candidates put together, and so is elected. |
| |
(5) | The reference in subsection (4)(d) to the candidate with the fewest votes, in a |
| 30 |
case where there are two or more candidates with fewer votes than the others |
| |
but an equal number to each other, is a reference to the candidate eliminated in |
| |
accordance with whatever provision is made for that case. |
| |
(6) | The reference in subsection (4)(f) to the candidate with more votes than the |
| |
other remaining candidates put together, in a case where there are only two |
| 35 |
remaining candidates and they have an equal number of votes, is a reference |
| |
to the candidate elected in accordance with whatever provision is made for |
| |
| |
(7) | A statutory instrument specifying the question to be asked in the referendum |
| |
or fixing the date of the poll may not be made unless a draft of the instrument |
| 40 |
has been laid before and approved by a resolution of each House of Parliament. |
| |
(8) | Subsection (1) and sections 30 to 36 do not apply (and no further duty arises |
| |
under subsection (2)(b)) if either House of Parliament, on a motion to approve |
| |
a draft laid under subsection (7), decides not to approve it (unless the Secretary |
| |
of State decides to lay the draft again under subsection (7), or to lay a revised |
| 45 |
draft under that subsection, and the re-laid or revised draft is approved by a |
| |
resolution of each House). |
| |
|
| |
|
| |
|
| |
(1) | Those entitled to vote in the referendum under section 29 are— |
| |
(a) | the persons who, on the date of the poll, would be entitled to vote as |
| |
electors at a parliamentary election in any constituency, and |
| |
(b) | the persons (not within paragraph (a)) who on that date would be |
| 5 |
entitled to vote as electors at an election to the European Parliament in |
| |
any electoral region because of section 8(3) or (4) of the European |
| |
Parliamentary Elections Act 2002 (c. 24) (peers). |
| |
(2) | Subsection (1) has effect subject to any provision that may be made, in an order |
| |
under section 37, for disregarding alterations made in a register of electors after |
| 10 |
| |
| |
(1) | This section sets out what is the referendum period, for the purposes of Part 7 |
| |
of the Political Parties, Elections and Referendums Act 2000 (c. 41), for the |
| |
referendum under section 29. |
| 15 |
(2) | Subject to subsection (3), the referendum period— |
| |
(a) | begins with the date of the making of the order under section 29 that |
| |
fixes the date of the poll, and |
| |
(b) | ends with the date of the poll. |
| |
(3) | If the order mentioned in subsection (2)(a) fixes a date that is more than 6 |
| 20 |
months after the day on which the order is made, the referendum period is the |
| |
period of 6 months ending with the date of the poll. |
| |
32 | Role of Electoral Commission |
| |
(1) | The Electoral Commission must take whatever steps they think appropriate to |
| |
promote public awareness about the referendum under section 29 and how to |
| 25 |
| |
(2) | The Electoral Commission may take whatever steps they think appropriate to |
| |
provide, for persons entitled to vote in the referendum, information about each |
| |
of the two voting systems referred to in section 29(3). |
| |
33 | Regional Counting Officers |
| 30 |
(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 (“the 2000 Act”), in relation to the referendum under |
| |
| |
(2) | The Chief Counting Officer for the referendum must appoint a Regional |
| 35 |
Counting Officer for each region in Great Britain. |
| |
(3) | For the purposes of this section the regions are as follows— |
| |
| |
| |
| 40 |
| |
| |
|
| |
|
| |
|
| |
| |
| |
Yorkshire and the Humber; |
| |
| 5 |
| |
| 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 |
| 10 |
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 |
| |
| |
| Where two or more forms of ballot paper are used in the referendum, a |
| 15 |
separate number must be certified under paragraph (a) in relation to each form |
| |
| |
(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 |
| 20 |
| |
(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 |
| |
| |
(7) | A reference to a counting officer in sections 34 to 36 (except the reference in |
| 25 |
section 35(5)) includes a reference to a Regional Counting Officer. |
| |
34 | Payments to counting officers |
| |
(1) | A counting officer is entitled to recover his or her charges in respect of services |
| |
rendered, or expenses incurred, for or in connection with the referendum |
| |
| 30 |
(a) | the services were necessarily rendered, or the expenses were |
| |
necessarily incurred, for the efficient and effective conduct of the |
| |
| |
(b) | the total of the officer’s charges does not exceed the amount (“the |
| |
overall maximum recoverable amount”) specified in, or determined in |
| 35 |
accordance with, an order made by the Secretary of State by statutory |
| |
instrument, with the consent of the Treasury, for the purposes of this |
| |
| |
(2) | An order under subsection (1) may specify, or make provision for determining |
| |
in accordance with the order, a maximum recoverable amount for services or |
| 40 |
expenses of a specified description. |
| |
| Subject to subsection (3), the counting officer may not recover more than that |
| |
amount in respect of such services or expenses. |
| |
(3) | In a particular case the Electoral Commission may, with the consent of the |
| |
Treasury, authorise the payment of— |
| 45 |
(a) | more than the overall maximum recoverable amount, or |
| |
|
| |
|
| |
|
(b) | more than the specified maximum recoverable amount for any |
| |
specified services or expenses, |
| |
| if the Commission are satisfied that the conditions in subsection (4) are met. |
| |
| |
(a) | that it was reasonable for the counting officer concerned to render the |
| 5 |
services or incur the expenses, and |
| |
(b) | that the charges in question are reasonable. |
| |
(5) | The Electoral Commission must pay the amount of any charges recoverable in |
| |
accordance with this section on an account being submitted to them. |
| |
| But if the Commission think fit they may, before payment, apply for the |
| 10 |
account to be taxed under section 35. |
| |
(6) | Where the superannuation contributions required to be paid by a local |
| |
authority in respect of a person are increased by a fee paid under this section |
| |
as part of a counting officer’s charges at the referendum, then on an account |
| |
being submitted to them the Electoral Commission must pay to the authority a |
| 15 |
sum equal to the increase. |
| |
(7) | On the counting officer’s request for an advance on account of the officer’s |
| |
charges, the Electoral Commission may make an advance on such terms as they |
| |
| |
(8) | The Electoral Commission may by regulations make provision as to the time |
| 20 |
when and the manner and form in which accounts are to be rendered to the |
| |
Commission for the purposes of the payment of a counting officer’s charges. |
| |
(9) | An order or regulations under this section may make different provision for |
| |
| |
(10) | Any sums required by the Electoral Commission for making payments under |
| 25 |
this section are to be charged on and paid out of the Consolidated Fund. |
| |
35 | Taxation of counting officer’s account |
| |
(1) | An application for a counting officer’s account to be taxed must be made— |
| |
(a) | except where paragraph (b) applies, to a county court; |
| |
(b) | where the counting officer is one who was appointed for an area in |
| 30 |
Scotland, to the Auditor of the Court of Session. |
| |
| A reference in this section to “the court” includes a reference to the Auditor |
| |
mentioned in paragraph (b). |
| |
(2) | On any such application the court has jurisdiction to tax the account in such |
| |
manner and at such time and place as the court thinks fit, and finally to |
| 35 |
determine the amount payable to the counting officer. |
| |
(3) | Where an application is made for a counting officer’s account to be taxed, the |
| |
officer may apply to the court for it to examine any claim made by any person |
| |
(“the claimant”) against the officer in respect of matters charged in the account. |
| |
(4) | On an application under subsection (3), after the claimant has been given |
| 40 |
notice and an opportunity to be heard and to tender any evidence, the court |
| |
may allow, disallow or reduce the claim, with or without costs. |
| |
| The court’s determination of the claim is final for all purposes and as against |
| |
| |
|
| |
|
| |
|
(5) | An application under subsection (1) for taxation of the account of the counting |
| |
officer for Northern Ireland must be made to the county court that has |
| |
jurisdiction at the place where the officer certified the number of ballot papers |
| |
| |
36 | Restriction on legal challenge to referendum result |
| 5 |
(1) | No court may entertain any proceedings for questioning the number of ballot |
| |
papers counted or votes cast in the referendum under section 29 as certified by |
| |
the Chief Counting Officer or a counting officer unless— |
| |
(a) | the proceedings are brought by a claim for judicial review, and |
| |
(b) | the claim form is filed before the end of the permitted period. |
| 10 |
(2) | In subsection (1) “the permitted period” means the period of 6 weeks beginning |
| |
| |
(a) | the date on which the Chief Counting Officer or counting officer gives |
| |
a certificate as to the number of ballot papers counted and votes cast in |
| |
| 15 |
(b) | if the Chief Counting Officer or counting officer gives more than one |
| |
such certificate, the date on which the last is given. |
| |
(3) | In the application of this section to Scotland, subsection (1) has effect— |
| |
(a) | with the substitution in paragraph (a) of “a petition” for “a claim”; |
| |
(b) | with the substitution in paragraph (b) of “the petition is lodged” for |
| 20 |
“the claim form is filed”. |
| |
(4) | In the application of this section to Northern Ireland, subsection (1) has effect— |
| |
(a) | with the substitution in paragraph (a) of “an application” for “a claim”; |
| |
(b) | with the substitution in paragraph (b) of “the application for leave to |
| |
apply for judicial review is lodged” for “the claim form is filed”. |
| 25 |
37 | Conduct etc of referendum |
| |
(1) | The Secretary of State may by order make whatever provision he or she |
| |
| |
(a) | for and in connection with the referendum under section 29; |
| |
(b) | for and in connection with the combination of the poll at the |
| 30 |
referendum with the poll at an election or at another referendum (or |
| |
| |
(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. |
| 35 |
| 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, |
| 40 |
transitional or saving provision; |
| |
(c) | may make different provision for different purposes (including |
| |
| |
|
| |
|
| |
|
(4) | The power to make an order under this section is exercisable by statutory |
| |
| |
(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 |
| 5 |
instrument containing the order has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| |
| |
Parliamentary standards etc |
| |
Amendments of the Parliamentary Standards Act 2009 |
| 10 |
| |
(1) | For section 3(3) and (4) of the Parliamentary Standards Act 2009 (c. 13) |
| |
(Commissioner for Parliamentary Investigations) substitute— |
| |
“(3) | There is to be an officer known as the Compliance Officer for the |
| |
Independent Parliamentary Standards Authority (“the Compliance |
| 15 |
| |
(4) | Schedule 2 (which makes provision about the Compliance Officer) has |
| |
| |
(2) | For Schedule 2 to that Act substitute the Schedule set out in Schedule 4. |
| |
39 | Membership of Speaker’s Committee |
| 20 |
(1) | Schedule 3 to the Parliamentary Standards Act 2009 (Speaker’s Committee for |
| |
the Independent Parliamentary Standards Authority) is amended as follows. |
| |
| |
(a) | omit “and” at the end of sub-paragraph (c), and |
| |
(b) | after sub-paragraph (d) insert “, and |
| 25 |
(e) | three lay persons appointed by resolution of the |
| |
| |
(3) | For the heading of paragraph 2 substitute “Appointed members”. |
| |
(4) | After paragraph 2 insert— |
| |
| 30 |
2A (1) | In paragraph 1(e) “lay person” means a person who is not, and has |
| |
never been, a member of either House of Parliament. |
| |
(2) | A motion for a resolution under paragraph 1(e) may be made only |
| |
with the agreement of the Speaker of the House of Commons. |
| |
(3) | The person the subject of the motion must have been selected by the |
| 35 |
Speaker on merit on the basis of fair and open competition. |
| |
|
| |
|