House of Lords portcullis
House of Lords
Session 2009 - 10
Internet Publications
Other Bills before Parliament

Constitutional Reform and Governance Bill


Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems

15

 

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

conventions);

(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.

(4)   

The acts are—

(a)   

deposit or delivery of an instrument of ratification, accession, approval

or acceptance;

(b)   

deposit or delivery of a notification of completion of domestic

35

procedures.

Part 3

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—

 
 

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems

16

 

(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

constituency—

(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

that case.

(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).

 
 

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems

17

 

30      

Entitlement to vote

(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

a specified date.

31      

Referendum period

(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

vote in it.

(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

section 29.

(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—

East Midlands;

Eastern;

London;

40

North East;

North West;

 
 

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems

18

 

South East;

South West;

West Midlands;

Yorkshire and the Humber;

Scotland;

5

Wales.

   

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

asked in the referendum.

   

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

of ballot paper used.

(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

appointed.

(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

discharged.

(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

under section 29 if—

30

(a)   

the services were necessarily rendered, or the expenses were

necessarily incurred, for the efficient and effective conduct of the

referendum, and

(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

subsection.

(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

 
 

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems

19

 

(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.

(4)   

The conditions are—

(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

think fit.

(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

different cases.

(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

all persons.

 
 

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems

20

 

(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

counted and votes cast.

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

with—

(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

the referendum, or

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

considers expedient—

(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

both).

(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

different areas).

 
 

Constitutional Reform and Governance Bill
Part 4 — Parliamentary standards etc

21

 

(4)   

The power to make an order under this section is exercisable by statutory

instrument.

(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.

Part 4

Parliamentary standards etc

Amendments of the Parliamentary Standards Act 2009

10

38      

Compliance Officer

(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

Officer”).

(4)   

Schedule 2 (which makes provision about the Compliance Officer) has

effect.”

(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.

(2)   

In paragraph 1—

(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

House of Commons.”

(3)   

For the heading of paragraph 2 substitute “Appointed members”.

(4)   

After paragraph 2 insert—

“Lay members

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.

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2010
Revised 4 March 2010