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European Parliament (Representation) Bill


European Parliament (Representation) Bill
Part 1 — Changes in total number of United Kingdom MEPs

    1

 

A

Bill

To

Make provision enabling alterations to be made to the total number of

Members of the European Parliament to be elected for the United Kingdom

and to their distribution between the electoral regions; to make provision for

and in connection with the establishment of an electoral region including

Gibraltar for the purposes of European Parliamentary elections; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Changes in total number of United Kingdom MEPs

Preliminary

 1     Electoral regions in the United Kingdom

For section 1 of the European Parliamentary Elections Act 2002 (“the 2002 Act”)

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(electoral regions and number of MEPs) there is substituted—

       “1            Number of MEPs and electoral regions

           (1)           There shall be 87 members of the European Parliament (“MEPs”)

elected for the United Kingdom.

           (2)           For the purposes of electing those MEPs—

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                  (a)                 England is divided into the nine electoral regions specified in

Schedule 1; and

                  (b)                 Scotland, Wales and Northern Ireland are each single electoral

regions.

           (3)           The number of MEPs to be elected for each electoral region is as

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follows—

 
HL Bill 2953/2
 
 

European Parliament (Representation) Bill
Part 1 — Changes in total number of United Kingdom MEPs

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East Midlands

6

 
 

Eastern

8

 
 

London

10

 
 

North East

4

 

5

 

North West

10

 
 

South East

11

 
 

South West

7

 
 

West Midlands

8

 
 

Yorkshire and the Humber

7

 

10

 

Scotland

8

 
 

Wales

5

 
 

Northern Ireland

3.”

 

Electoral Commission recommendations

 2     Recommendations by Electoral Commission relating to changes in number of

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United Kingdom MEPs

     (1)    The Lord Chancellor may by notice require the Electoral Commission to make

a recommendation to him as to the distribution between the electoral regions

of—

           (a)           a total number of MEPs specified in the notice; or

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           (b)           if the notice specifies more than one total number of MEPs, each of the

total numbers so specified.

     (2)    The power to give such a notice is exercisable with a view to the

implementation of any change or anticipated change under Community law in

the total number of MEPs to be elected for the United Kingdom.

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     (3)    The Electoral Commission must comply with such a notice within the period

specified in the notice.

     (4)    In determining what recommendation to make for the distribution of any total

number of MEPs, the Electoral Commission must ensure that—

           (a)           each electoral region is allocated at least three MEPs; and

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           (b)           the ratio of electors to MEPs is as nearly as possible the same in each

electoral region.

     (5)    A recommendation under this section—

           (a)           must be published by the Electoral Commission and laid before

Parliament by the Lord Chancellor; and

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           (b)           ceases to have effect at the end of the period of one year beginning with

the day on which it is made.

 

 

European Parliament (Representation) Bill
Part 1 — Changes in total number of United Kingdom MEPs

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 3     Section 2: meaning of “elector”

     (1)    For the purposes of section 2(4) an elector, in relation to an electoral region, is

a person whose name appears on the relevant day in (or in any part of) a

relevant register which relates to the region.

     (2)    In subsection (1)—

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                    “relevant day” means 1st December preceding the day on which the

notice under section 2 is given; and

                    “relevant register” has the same meaning as in Schedule 1A to the 2002

Act (periodic reviews).

     (3)    In calculating the total number of electors for any electoral region—

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           (a)           persons who are registered but have not attained the age of 18 are to be

counted as electors;

           (b)            a citizen of the European Union (not being a Commonwealth citizen or

a citizen of the Republic of Ireland) who is registered only for the

purposes of local government elections is to be disregarded; and

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           (c)           the Electoral Commission may assume that each relevant register is

accurate and that names appearing more than once on registers (or

parts of registers) which relate to an electoral region are the names of

different electors.

Implementation of changes

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 4     Orders implementing changes in the number of United Kingdom MEPs

     (1)    The Lord Chancellor may by order give effect to a change under Community

law in the number of MEPs to be elected for the United Kingdom by

amending—

           (a)           the figure specified in section 1(1) of the 2002 Act (total number of

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MEPs to be elected for the United Kingdom); and

           (b)           any of the figures specified in section 1(3) of that Act (numbers of MEPs

to be elected in the electoral regions).

     (2)    The distribution of MEPs resulting from the provision made under subsection

(1)(b) must (subject to section 5(4) to (6)) be the distribution proposed in a

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recommendation of the Electoral Commission under section 2 which is

effective on the day on which the order is made.

     (3)    An order under this section may make consequential, transitional or saving

provision

     (4)    Provision made under subsection (3) may modify any enactment.

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     (5)    The Lord Chancellor must consult the Electoral Commission before making an

order under this section.

 5     Section 4: supplementary

     (1)    This section applies to orders under section 4.

     (2)    The power to make such an order is exercisable by statutory instrument.

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European Parliament (Representation) Bill
Part 1 — Changes in total number of United Kingdom MEPs

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     (3)    An order which contains amendments to section 1 of the 2002 Act may not be

made unless a draft of it has been laid before, and approved by a resolution of,

each House of Parliament.

     (4)    If a motion for the approval of a draft order is rejected by either House or

withdrawn by leave of the House the Lord Chancellor may, after consulting the

5

Electoral Commission, alter the draft order.

     (5)    But the Lord Chancellor may not, without the consent of the Electoral

Commission, alter any amendments to section 1(3) of the 2002 Act contained in

the draft order.

     (6)    The Electoral Commission may not give its consent under subsection (5) unless

10

it is satisfied that the distribution of MEPs proposed by the altered draft order

could have been recommended under section 2.

     (7)    A statutory instrument containing an order that is not subject to approval in

draft under subsection (3) is subject to annulment in pursuance of a resolution

of either House of Parliament.

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Supplementary

 6     Periodic reviews of distribution of MEPs

     (1)    After section 1 of the 2002 Act there is inserted—

       “1A            Periodic reviews of distribution of MEPs

Schedule 1A (which provides for periodic reviews by the Electoral

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Commission of the distribution of MEPs between the electoral regions)

has effect.”

     (2)    After Schedule 1 to the 2002 Act there is inserted the Schedule 1A set out in the

Schedule to this Act.

 7     Consequential amendments

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     (1)    The 2002 Act is amended as follows.

     (2)    In section 13(3) (instruments subject to annulment) paragraph (b) and the

preceding “or” are repealed.

     (3)    In Schedule 1 (electoral regions in England)—

           (a)           for paragraph 1 (and the preceding heading) there is substituted—

30

               “1                                            The electoral regions in England are listed in column (1) of

the Table below and comprise the areas specified in column

(2) of the Table).”;

           (b)           in paragraph 2 (changes to areas specified in column (2) of the Table) in

sub-paragraph (1), for the words from “in” to “area” (in the first place it

35

appears) there is substituted “to an area specified in column (2) of the

Table”; and

           (c)           paragraphs 3 and 4 (with the preceding heading), and column (3) of the

Table, are repealed.

 

 

European Parliament (Representation) Bill
Part 2 — Gibraltar

    5

 

Part 2

Gibraltar

New combined electoral region

 8     Combination of Gibraltar with existing electoral region

Gibraltar is to be combined with an existing electoral region in England and

5

Wales to form a new electoral region (“the combined region”) for the purposes

of European Parliamentary elections taking place after 1st April 2004.

 9     Electoral Commission recommendation as to the electoral region to be

combined with Gibraltar

     (1)    The Electoral Commission must, before 1st September 2003—

10

           (a)           consider which of the existing electoral regions in England and Wales

should be combined with Gibraltar; and

           (b)           report its conclusions (with a recommendation as to which existing

region should be so combined) to the Lord Chancellor.

     (2)    Before determining what recommendation to make under subsection (1)(b) the

15

Electoral Commission must consult the Governor and the Chief Minister of

Gibraltar.

     (3)    The report required by this section must be published by the Electoral

Commission and laid before Parliament by the Lord Chancellor.

 10    Establishment of combined region

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     (1)    The Lord Chancellor may by order—

           (a)           specify the existing electoral region to be combined with Gibraltar to

form the combined region; and

           (b)           make provision establishing the combined region.

     (2)    The existing electoral region specified under subsection (1)(a) must (subject to

25

section 12(6)) be the one recommended by the Electoral Commission under

section 9.

     (3)    The Lord Chancellor must consult the Electoral Commission before making an

order under this section.

 11    Power to make consequential etc provision

30

     (1)    The Lord Chancellor may by order make such provision as he considers

necessary or expedient in consequence of, or in connection with, the inclusion

of Gibraltar in an electoral region for the purposes of European Parliamentary

elections.

     (2)    Such an order may be made before or after the combined region is established

35

under section 10.

     (3)    Without prejudice to the generality of subsection (1), the provision which may

be made under this section includes provision about—

 

 

European Parliament (Representation) Bill
Part 2 — Gibraltar

    6

 

           (a)           the registration of political parties established in Gibraltar (as a

condition for nomination in relation to a European Parliamentary

election in the combined region) and the obligations of registered

parties in Gibraltar and their officers;

           (b)           the control of any description of donation to registered parties in

5

Gibraltar or to their members or officers;

           (c)           the obligations of persons providing programme services in or to

Gibraltar, and the functions of any public authority in Gibraltar

responsible for the regulation of persons providing such services, in

relation to European Parliamentary elections and election campaigns.

10

     (4)    In subsection (3)—

                    “donation” includes anything which is (or corresponds to) a donation

within the meaning of Part 4 of the Political Parties, Elections and

Referendums Act 2000 (c. 41); and

                    “programme services” includes services which would, if Gibraltar were

15

part of the United Kingdom, be programme services (including digital

services), teletext services or local delivery services for the purposes of

the Broadcasting Act 1990 (c. 42).

     (5)    The Lord Chancellor must consult the Electoral Commission before making an

order under this section.

20

     (6)    The power under this section is not restricted by any power conferred by

section 16 (or any other power to make subordinate legislation which is

exercisable by the Lord Chancellor).

 12    Sections 10 and 11: supplementary

     (1)    This section applies to orders under section 10 or 11.

25

     (2)    The power to make such an order is exercisable by statutory instrument.

     (3)    Such an order may—

           (a)           confer power to make subordinate legislation;

           (b)           make consequential, supplementary, incidental, transitional or saving

provision;

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           (c)           make provision extending or applying to (or extending or applying

only to) Gibraltar or any part of the United Kingdom; and

           (d)           make different provision for different electoral regions or for different

parts of the combined region.

     (4)    Such an order may modify, exclude or apply (with or without modifications)

35

any enactment.

     (5)    An order to which this section applies which contains provision specifying the

existing electoral region to be combined with Gibraltar (with or without other

provision) may not be made unless a draft of the order has been laid before,

and approved by a resolution of, each House of Parliament.

40

     (6)    If a motion for the approval of a draft order mentioned in subsection (5) is

rejected by either House or withdrawn by leave of the House, the Lord

Chancellor may, after consulting the Electoral Commission, alter the draft

order.

 

 

European Parliament (Representation) Bill
Part 2 — Gibraltar

    7

 

     (7)    A statutory instrument containing an order to which this section applies, not

being one that is subject to approval in draft under subsection (5), is subject to

annulment in pursuance of a resolution of either House of Parliament.

     (8)    If, apart from this subsection, an order to which this section applies would be

treated for the purposes of the standing orders of either House of Parliament

5

as a hybrid instrument, it shall proceed as if it were not such an instrument.

Electoral registration and voting in Gibraltar

 13    The Gibraltar register

     (1)    There shall be a register of European Parliamentary electors in Gibraltar

(referred to in this Act as “the Gibraltar register”) maintained by the European

10

electoral registration officer for Gibraltar.

     (2)    The Governor shall appoint a fit and proper person to be the European

electoral registration officer for Gibraltar (and may at any time revoke such an

appointment).

     (3)    An appointment under subsection (2) must be published in the Gibraltar

15

Gazette.

 14    Gibraltar franchise for European Parliamentary elections

     (1)    A person is entitled to vote in Gibraltar as an elector at a European

Parliamentary election if on the day of the poll he—

           (a)           is registered in the Gibraltar register;

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           (b)           is not subject to a legal incapacity to vote in Gibraltar at such an election

(age apart);

           (c)           is a Commonwealth citizen or a citizen of the European Union (other

than a Commonwealth citizen); and

           (d)           is at least 18 years of age.

25

     (2)    Subsection (1)(a) has effect subject to any enactment which provides for

alterations made after a specified date in the register to be disregarded.

     (3)    In section 8 of the 2002 Act (persons entitled to vote), at the end there is

added—

           “(8)              The entitlement to vote under this section does not apply to voting in

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Gibraltar.”

 15    Entitlement to be registered in Gibraltar

     (1)    A person is entitled to be registered in the Gibraltar register if, on the relevant

date, he—

           (a)           is resident in Gibraltar;

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           (b)           is not subject to a legal incapacity to vote in Gibraltar at a European

Parliamentary election (age apart);

           (c)           is a qualifying Commonwealth citizen or a citizen of the European

Union (other than a qualifying Commonwealth citizen); and

           (d)           is at least 18 years of age.

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