Regional Assemblies (Preparations) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

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.""
 

Clause 6

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

57Page 3, line 26, leave out subsections (1) to (3) and insert—
"(   )  Referendum polls held in pursuance of an order under section 1 may not be combined with any other polls."
58Page 3, line 31, at end insert "except where the electoral system in use for the election concerned is different from that proposed for the referendum"
 

THE BARONESS HAMWEE
THE LORD GREAVES

59Page 3, line 39, at end insert "and the voluntary chamber of the region and publishes the advice of both"
 

Clause 7

 

THE BARONESS HAMWEE
THE LORD GREAVES

60Page 4, line 4, after "encouraging" insert "and facilitating"
61Page 4, line 5, at end insert "subject to voters being given the option of voting at polling stations"
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

62Page 4, line 5, at end insert "provided that anything they undertake to encourage voting does not disproportionately favour one of the possible referendum outcomes to the detriment of the other"
 

Clause 8

 

THE BARONESS HAMWEE
THE LORD GREAVES

63Page 4, line 17, at end insert "the reorganisation of local government into a single tier throughout the region and about"
64Page 4, line 17, at end insert "the powers, functions and composition of an elected assembly and about"
65Page 4, line 18, leave out "question" and insert "questions"
66Page 4, line 18, at end insert—
"(   )  The information to be provided under subsection (2) shall include a statement by the Secretary of State with regard to which powers (if any) would be transferred from local government to the assembly."
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

67Page 4, line 28, leave out subsection (5) and insert—
"(5)  The Electoral Commission in discharging its duties under this section must seek to ensure that any information provided—
(a)  describes the powers, functions and constitutional responsibilities of regional assemblies as defined in an Act of Parliament; and
(b)  comes to the attention of the maximum possible number of persons entitled to vote in the referendum, so far as that can be achieved without incurring unreasonable marginal cost."
 

THE BARONESS HAMWEE
THE LORD GREAVES

68Page 4, line 28, after "provided" insert ", subject to it being provided by means appropriate to voters with particular needs,"
 

Clause 9

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

69Page 5, line 8, at end insert "and publishes the Electoral Commission's response"
 

Clause 10

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

70Page 5, line 11, leave out "No court shall" and insert "A court shall only"
71Page 5, line 14, at end insert "if allegations of electoral fraud are made through the appropriate legal channels"
72Page 5, line 14, at end insert "if such a claim is brought within 10 days of the announcement of the referendum result"
 

THE BARONESS HAMWEE
THE LORD GREAVES
THE BARONESS HANHAM
THE BARONESS BLATCH

 The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
 

Clause 11

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

73Page 5, line 20, at end insert ", except that no different provisions may be made under subsection (2) in relation to different parts of the United Kingdom in the event of two referendums being held on the same day"
 

THE BARONESS HAMWEE
THE LORD GREAVES
THE BARONESS HANHAM
THE BARONESS BLATCH

74Page 5, line 21, leave out subsection (2)
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

75Page 5, line 27, leave out "or section 6 above"
 

Clause 12

 

THE BARONESS HAMWEE
THE LORD GREAVES

76Page 6, line 8, at end insert "after the establishment of an elected assembly"
77Page 6, line 10, leave out subsection (2)
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

78Page 6, line 10, leave out from "has" to end of line 11 and insert "concluded on the basis of the evidence available to him that there is likely to be a majority of the electorate in favour of a referendum and, if a referendum is held in that region, of an elected assembly"
 

THE BARONESS HAMWEE
THE LORD GREAVES
THE BARONESS HANHAM
THE BARONESS BLATCH

79Page 6, line 12, leave out subsection (3)
 

THE BARONESS HAMWEE
THE LORD GREAVES

80Page 6, line 17, leave out subsection (4)
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

81Page 6, line 17, at end insert "seek to identify and subsequently to"
82Page 6, line 19, at end insert—
"(   )  the views of businesses in the region, directly and through their representative organisations;"
83*Page 6, line 19, at end insert—
"(   )  the views of small businesses in the region, directly and through their representative organisations;"
84Page 6, line 19, at end insert—
"(   )  the views of district councils in the region;"
85Page 6, line 19, at end insert—
"(   )  the views of county councils in the region;"
86Page 6, line 19, at end insert—
"(   )  the views of council tax payers in the region after having first published for their consideration a statement of the likely costs of a regional assembly in their area;"
87Page 6, line 19, at end insert—
"(   )  the views of voluntary sector bodies in the region;"
88Page 6, line 19, at end insert—
"(   )  the views of organisations concerned with the environment in the region, specifically in relation to any planning and housing powers which he proposes may be vested in regional assemblies;"
89Page 6, line 22, leave out "may" and insert "must"
 

THE BARONESS HAMWEE
THE LORD GREAVES

90Page 6, line 23, leave out paragraphs (a) and (b)
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

91Page 6, line 24, leave out "(taken as a whole)"
92Page 6, line 24, at end insert—
"(   )  the effects he thinks the carrying out of a local government review will have on the relevant public authorities in the region;"
93Page 6, line 26, leave out "(taken as a whole)"
 

THE BARONESS HAMWEE
THE LORD GREAVES

94Page 6, line 28, leave out paragraph (c)
95Page 6, line 31, leave out paragraph (d)
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

96Page 6, line 38, leave out from "region" to end of line 39
97Page 6, line 40, leave out paragraph (b)
 

THE BARONESS HAMWEE
THE LORD GREAVES

98Page 6, line 41, at end insert—
"(   )  The Secretary of State shall publish the items referred to in subsection (4) together with the reasons for his decision."
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

99Page 6, line 42, leave out subsection (7)
100Page 6, line 44, leave out subsection (8) and insert—
"(8)  A direction to the Boundary Committee to carry out a local government review of a region or regions must specify the timetable in accordance with which the review must be carried out and recommendations made to the Secretary of State.
(8A)  The timetable referred to in subsection (8) must include the following steps which the Boundary Committee are required to take—
(a)  upon receipt of the direction, publicise to people living in the area the making of the direction and the timetable under subsection (8);
(b)  make provision for people living in the area to make representations upon the review;
(c)  prepare draft recommendations as to the matters considered by the review;
(d)  publicise the draft recommendations to people living in the area;
(e)  deposit copies of the draft recommendations at the principal offices of every district and county council in the region;
(f)  take account of representations received from people living in the area upon the draft recommendations.
(8B)  Not later than the date specified in the timetable for the submission of their recommendations the Commission must—
(a)  submit their recommendations to the Secretary of State;
(b)  take such steps as they think sufficient to secure that persons living in the area who may be interested in the recommendations are informed of them and of the period specified in the timetable within which it may be inspected;
(c)  deposit copies of the recommendations at the principal offices of every county council and district council in the region."
 

THE BARONESS HAMWEE
THE LORD GREAVES

101Page 7, line 2, at end insert—
"(   )  Any dates specified in subsection (8) shall be after the establishment of an elected assembly."
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

102Page 7, line 6, leave out subsection (10)
103Page 7, line 7, at end insert—
"(11)  The copies deposited under subsections (8A)(e) and (8B)(c) must be kept available for inspection by members of the public at the offices concerned in accordance with the timetable.
(12)  If the region to which the advice relates includes the Isles of Scilly, the copies must also be deposited under subsections (8A)(e) and (8B)(c) at the principal office of the Council of the Isles of Scilly, and subsection (5) applies accordingly."
 

THE BARONESS HAMWEE
THE LORD GREAVES

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.

 
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©Parliamentary copyright 2003
13 March 2003