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European Parliament (Representation) Bill
Schedule — Schedule 1A to the 2002 Act

 13

 

Schedule

Section 6

 

Schedule 1A to the 2002 Act

“SCHEDULE 1A

PERIODIC REVIEWS OF DISTRIBUTION OF MEPS

Electoral Commission review and recommendation

5

          1                (1)               As soon as possible after 1st May in a pre-election year the

Electoral Commission (“the Commission”) must, subject to

paragraph 2—

                      (a)                     carry out a review (“the periodic review”) of the

distribution of MEPs between the electoral regions; and

10

                      (b)                     report its conclusions to the Secretary of State.

                           (2)               In carrying out the periodic review the Commission must consider

whether (assuming that each region is entitled to be allocated at

least three MEPs) the ratio of electors to MEPs is as nearly as

possible the same for every electoral region.

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                           (3)               If the Commission concludes that the result mentioned in sub-

paragraph (2) is not achieved by the current distribution of MEPs,

it must include in its report a recommendation specifying a

distribution that would achieve that result.

                           (4)               The report must be published by the Commission and laid before

20

Parliament by the Secretary of State.

Exclusion or suspension of duties under paragraph 1

          2                (1)               The Commission may not take any step (or further step) under

paragraph 1 if a 2003 Act order is made or a suspension notice is

given to the Commission—

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                      (a)                     within the period of 12 months ending with 1st May in the

pre-election year in question or,

                      (b)                     after the end of that period but before the Commission

makes its report,

                                             unless and until the duties under paragraph 1 revive by virtue of

30

sub-paragraph (2).

                           (2)               If the Secretary of State withdraws a suspension notice more than

nine months before the date of the poll for the next general election

of MEPs, the duties under paragraph 1 revive (but subject again to

this paragraph).

35

                           (3)               In this Schedule—

                       “2003 Act order” means an order under section 4 of the

European Parliament (Representation) Act 2003 (orders

implementing changes in the number of United Kingdom

 

 

European Parliament (Representation) Bill
Schedule — Schedule 1A to the 2002 Act

    14

 

                       MEPs) which takes effect in relation to the next general

election of MEPs after it is made; and

                       “suspension notice” means a notice stating that the

Secretary of State considers it likely that a 2003 Act order

will be made before the next general election of MEPs.

5

Implementation of Electoral Commission recommendation

          3                (1)               Where a recommendation under paragraph 1(3) is made to him,

the Secretary of State must—

                      (a)                     lay before Parliament a draft of an order giving effect to the

recommendation by amending any of the numbers

10

specified in section 1(3); and

                      (b)                     if the draft is approved by resolution of each House, make

an order in the terms of the draft.

                           (2)               An order under this paragraph may make consequential,

transitional or saving provision.

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                           (3)               Provision made under sub-paragraph (2) may modify any

enactment.

                           (4)               The Secretary of State must consult the Commission before laying

an order under this paragraph before Parliament.

                           (5)               This paragraph has effect subject to paragraphs 4 and 5.

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          4                (1)               If a motion for the approval of a draft of an order under paragraph

3 is rejected by either House or withdrawn by leave of the House,

the Secretary of State may, after consulting the Commission, alter

the draft order and lay it before Parliament for approval.

                           (2)               But the Secretary of State may not, without the consent of the

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Commission, alter a draft order so as to propose a distribution of

MEPs other than that recommended under paragraph 1(3).

                           (3)               The Commission may not give its consent under sub-paragraph

(2) unless it is satisfied that the distribution of MEPs could have

been recommended under paragraph 1(3).

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                           (4)               If an altered draft order is approved by both Houses the Secretary

of State must make an order under paragraph 3 in terms of the

altered draft.

                           (5)               This paragraph has effect subject to paragraph 5.

Exclusion or suspension of duties and powers under paragraph 3 or 4

35

          5                (1)               The Secretary of State may not take any step (or further step)

under paragraph 3 or 4 if a 2003 Act order is made before he would

otherwise have taken it.

                           (2)               Subject to that, the Secretary of State is not required to take any

step (or further step) under paragraph 3 or 4 if and so long as he is

40

of the opinion that it is likely that a 2003 Act order will be made

before the next general election of MEPs.

                           (3)               But if he ceases to be of that opinion, the Secretary of State—

                      (a)                     may not make an order under paragraph 3 on or after the

relevant day; and

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European Parliament (Representation) Bill
Schedule — Schedule 1A to the 2002 Act

    15

 

                      (b)                     is not required not take any other step under paragraph 3

or 4 if he does not consider that it will be practicable to

make an order under paragraph 3 before the relevant day.

                           (4)               In sub-paragraph (3) “the relevant day” means the first day of the

period of four months ending with the day on which the poll for

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the next general election of MEPs is to be held.

Supplementary

          6                (1)               In this Schedule—

                       “general election of MEPs” means an election required to be

held in the United Kingdom by virtue of Article 10(2) of

10

the Act annexed to Council Decision 76/787;

                       “pre-election year” means a year (including 2003) which

immediately precedes a year in which a general election

of MEPs is to be held; and

                       “relevant register” means—

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                              (a)                             a register of parliamentary electors;

                              (b)                             a register of local government electors;

                              (c)                             a register of peers maintained under section 3 of

the Representation of the People Act 1985 (peers

resident outside the United Kingdom); and

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                              (d)                             a register maintained under regulation 5 of the

European Parliamentary Elections (Franchise of

Relevant Citizens of the Union) Regulations 2001

(SI 2001/1184) (citizens of the European Union

other than Commonwealth and Republic of

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Ireland citizens).

                           (2)               For the purposes of paragraph 1(2) a person is an “elector”, in

relation to an electoral region, if his name appears on 1st May in

the pre-election year concerned in (or in any part of) a relevant

register which relates to the region.

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

region—

                      (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

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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

                      (c)                     the Electoral Commission may assume that each relevant

register is accurate and that names appearing more than

40

once on registers (or parts of registers) which relate to an

electoral region are the names of different electors.”

 

 

 

European Parliament (Representation) Bill

 
 

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.

 


 
 


 
 


 
 

Brought from the Commons on 4th February 2003

 
 

Ordered to be Printed, 4th February 2003

 
 

© Parliamentary copyright House of Lords and House of Commons 2003

 

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