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Amendments to the Regional Assemblies (Preparations) Bill

Regional Assemblies (Preparations) Bill


REVISED
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

18Page 2, line 1, leave out subsection (6) and insert—
"(   )  The Secretary of State may make the order at any time during the period of two years starting with the date on which he gives a direction under section 12 in relation to the region so long as before he makes the order he has no cause to think that that level of interest has changed materially."
 

THE BARONESS HAMWEE
THE LORD GREAVES

19Page 2, line 1, leave out "first"
20Page 2, line 5, leave out "for the purpose of giving the direction"
21Page 2, line 6, leave out "holding of such a referendum" and insert "establishment of an elected assembly"
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

22Page 2, line 11, after "have" insert "received parliamentary approval for him to have"
23Page 2, line 12, leave out subsection (8) and insert—
"(   )  In coming to the conclusion under subsection (1), the Secretary of State must consider—
(a)  views expressed to him by the original consultees (as in subsection (4A)), and
(b)  such published material as he thinks appropriate."
24Page 2, line 15, at end insert—
"(   )  Before making an order under subsection (1), the Secretary of State shall satisfy himself that, during the period of twelve months prior to the laying of the order, neither the Regional Chamber nor the Regional Development Agency within the region to be specified in the order have carried out any activities which they do not have power to carry out and which are intended to influence the outcome of such a referendum, and issue a certificate that he is so satisfied."
 

THE BARONESS HAMWEE
THE LORD GREAVES

25Page 2, line 15, at end insert—
"(   )  If the Secretary of State does not make an order pursuant to subsection (1), he shall nevertheless consider the matters referred to in subsection (8) with a view to requesting the Boundary Committee for England to consider the division of any region into two or more areas to be treated as regions for the purposes of this Act."
 

THE BARONESS BLATCH

25APage 2, line 15, at end insert—
"(   )  No order shall be made under subsection (1) until the Secretary of State has published the results of an independent inquiry into the constitutional and practical effects of regional government on the United Kingdom parliament."
 

Clause 2

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

26Page 2, line 20, leave out subsection (1) and insert—
"(   )  The questions to be asked in a referendum held in pursuance of an order under section 1 are:
1.  "Should there be an elected assembly for the (insert name of region) region?"
2.  "Should county and district councils in your region be reorganised and replaced with unitary authorities responsible for delivering all local government services?""
 

THE BARONESS HAMWEE
THE LORD GREAVES

27Page 2, line 20, leave out "question" and insert "questions"
28Page 2, line 20, leave out from "order" to end of line 36 and insert "shall be determined by the Electoral Commission"
29Page 2, line 21, leave out "is" and insert "are"
30Page 2, line 23, leave out "an" and insert "a directly"
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

31Page 2, line 23, at end insert "(The ((insert name of region) region comprises (insert names of all counties, metropolitan boroughs and unitary authority districts within the region))"
 

THE BARONESS HAMWEE
THE LORD GREAVES

32Page 2, line 24, leave out subsection (2)
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

33Page 2, line 24, leave out subsection (2) and insert—
"(2)  The question on the ballot paper shall be preceded by a statement, in a form to be prescribed by the Electoral Commission, conveying such information as the Electoral Commission believe is requisite to enable electors to understand the question and to ensure that electors understand the conclusions of the Boundary Committee review of the region.
(3)  The statement to be prescribed under subsection (2) may not include any statement about the intended functions or powers of the proposed elected assembly unless such functions and powers are defined in an Act of Parliament."
 

THE BARONESS HAMWEE
THE LORD GREAVES

34Page 2, line 24, leave out from "statement" to "must"
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

35Page 2, leave out line 27 and insert ""This referendum is advisory only. The Secretary of State will decide, after considering the referendum result, whether to establish an elected assembly for the"
 

THE BARONESS HAMWEE
THE LORD GREAVES

36Page 2, line 27, leave out "an" and insert "a directly"
37Page 2, line 32, after "development;" insert—
"  the functions of the organisations listed in the schedule below which are exercised in the region shall be transferred to the elected assembly and the powers of such organisations for the region shall be abolished;"
38Page 2, leave out lines 33 to 36
39Page 2, line 36, at end insert—
  "Schedule: Organisations to be abolished in the region
  Arts Council of England
  Community Fund
  Countryside Agency
  Drug Prevention and Advisory Service
  English Nature
  Forestry Commission
  Government Office of the Region
  Highways Agency
  Housing Corporation
  New Opportunities Fund
  Learning and Skills Council
  Regional Development Agency
  Regional Cultural Consortium
  Rural Development Agency
  Small Business Service
  Sport England
  Strategic Rail Authority""
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

39APage 2, line 36, at end insert—
  "It is not proposed to establish an elected regional assembly in any region until at least three regions have voted in favour of the establishment of such assemblies in referenda conducted pursuant to section 1 of the Regional Assemblies (Preparations) Act 2003."
 

THE BARONESS HAMWEE
THE LORD GREAVES

40Page 2, line 36, at end insert—
"(   )  In those parts of the region that currently have both county and district councils the following additional question shall be asked—
      "Do you agree with the proposal to reorganise the county and district councils in your area into a single unitary tier of local government?"."
41[Withdrawn]
42Page 2, line 36, at end insert—
"(   )  The question set out in subsection (1) and the statement set out in subsection (2) may be amended by regulation at any time after the Electoral Commission has made a report to the Secretary of State regarding the question and the statement."
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

43Page 2, line 36, at end insert—
"(   )  Any statement under subsection (2) shall be accompanied by an estimate by the Electoral Commission of their best estimate of the total annual cost of paying for the proposed regional assembly and the regional administration in the referendum area."
 

Clause 3

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

44Page 2, line 38, after "vote" insert "in response to question 1, under section 2,"
45Page 2, line 40, leave out from beginning to second "the" and insert "a parliamentary election in any parliamentary constituency, any part of which falls within the region and his address on the electoral register falls within"
46Page 2, line 40, at end insert "in respect of residence in a home which is not designated as a second home for the purposes of payment of council tax"
 

THE BARONESS HAMWEE
THE LORD GREAVES

47Page 2, line 40, at end insert—
"(   )  Where there is a proposal to reorganise local government in any electoral area, only persons entitled to vote at the election of councillors for such area shall be entitled to vote on such a proposal."
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

48Page 2, line 40, at end insert—
"(   )  A person is entitled to vote in response to question 2, under section 2, in a referendum held in a region in pursuance of an order under section 1 if on the date of the referendum he is entitled to vote at the election of councillors for any electoral area in the region and lives in a two-tier local government area."
49Page 2, line 41, leave out subsections (2) and (3)
 

After Clause 3

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

50Insert the following new Clause—
  "Proportion of electors required to secure a majority
  A majority in favour of the proposition will not be certified by the Chief Counting Officer unless a majority of those actually voting in the referendum in each of the counties, metropolitan counties or county boroughs comprising the region supports the proposition."
 

Clause 4

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

51Page 3, line 10, at end insert—
"(   )  In determining the referendum period the Secretary of State must take advice from the Electoral Commission on the amount of time that should be allowed."
 

After Clause 4

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

52Insert the following new Clause—
  "Inspection of Boundary Committee recommendations
(1)  This section applies if the Secretary of State makes an order under section 1 to cause a referendum to be held in a region about the establishment of an elected assembly for the region.
(2)  The Secretary of State shall by order provide that a copy of any recommendations made by the Boundary Committee under section 12 in respect of the region in which the referendum is held be made available for inspection by those persons eligible to vote at every polling place in the region and shall be enclosed with every postal ballot paper in respect of the referendum."
 

Clause 5

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

53Page 3, line 18, leave out "five" and insert "ten"
54Page 3, line 23, at end insert "subject to any finding to the contrary by any court of competent jurisdiction"
 

After Clause 5

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

55Insert the following new Clause—
  "Further referendum on petition
(1)  This section applies if an elected assembly for a region has been established pursuant to a referendum held under section 1(1).
(2)  The Secretary of State shall by order cause a further referendum to be held in a region specified in the order if he is presented with a petition requesting such a referendum signed by not less than 5 per cent of the electors eligible to vote in the region as defined in section 3(1).
(3)  The question to be asked in a referendum held pursuant to an order under subsection (2) is the question set out in section 2(1)."
56Insert the following new Clause—
  "Referendums: expenditure
  After paragraph 2(2) of Schedule 14 to the Political Parties, Elections and Referendums Act 2000 (c. 41) there is inserted—
    "(2A)  In the case of a referendum held under the Regional Assemblies (Preparations) Act 2003 an overall limit shall be placed on the total permitted spending by all permitted participants campaigning for and against the proposition, and that limit shall be equal in respect of each side and subject to an overall ceiling of no more than #1 million.""

 
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©Parliamentary copyright 2003
19 March 2003