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European Parliament (Representation) Bill


European Parliament (Representation) Bill
Part 2 — Gibraltar

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

relevant date, he—

           (a)           is not resident in Gibraltar but qualifies for registration in Gibraltar as

an overseas elector;

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

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Parliamentary election (age apart);

           (c)           is a Commonwealth citizen; and

           (d)           is at least 18 years of age.

     (3)    Subsections (1) and (2) have effect subject to or in accordance with any

provision made under section 16.

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     (4)    In this section “the relevant date” is the date on which an application for

registration in the Gibraltar register is made or treated (by virtue of any

enactment) as having been made.

     (5)    In this section “qualifying Commonwealth citizen” means a Commonwealth

citizen who—

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           (a)           does not, under the law of Gibraltar, require a permit or certificate to

enter or remain in Gibraltar; or

           (b)           for the time being has (or is by virtue of any provision of the law of

Gibraltar to be treated as having) a permit or certificate entitling him to

enter or remain in Gibraltar.

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 16    Regulations relating to sections 13 to 15

     (1)    The Lord Chancellor may by regulations—

           (a)           make provision about the Gibraltar register and the manner in which it

is to be maintained;

           (b)           confer functions on the European electoral registration officer for

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Gibraltar;

           (c)           prescribe requirements to be complied with in connection with the

registration of electors in the Gibraltar register;

           (d)           prescribe circumstances in which a person is legally incapable of voting

in Gibraltar at a European Parliamentary election;

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           (e)           make provision for determining whether a person is or may be treated

as resident in Gibraltar for the purposes of this section;

           (f)           prescribe conditions which must be satisfied by a person in order for

him to qualify for registration in Gibraltar as an overseas elector;

           (g)           impose a disqualification for registration in Gibraltar as a European

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Parliamentary elector;

           (h)           make provision enabling a person who has not attained the age of 18 to

be entered on the Gibraltar register with a view to his being able to vote

at a European Parliamentary election in Gibraltar after he has attained

that age; and

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           (i)           amend the definition of “qualifying Commonwealth citizen” in section

15 if he considers it necessary or expedient to do so in consequence of

developments in the law of Gibraltar relating to immigration control.

     (2)    The provision which may be made under subsection (1) includes anything

which corresponds to any provision that may be made for the United Kingdom

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in regulations under section 53 of the Representation of the People Act 1983

(regulations as to registration etc).

 

 

European Parliament (Representation) Bill
Part 2 — Gibraltar

    9

 

     (3)    Regulations under this section may (without prejudice to the generality of the

paragraph in subsection (1) under which they are made) make provision

corresponding to any provision of—

           (a)           sections 3 and 3A of the Representation of the People Act 1983

(incapacity of offenders detained in prison or in a mental hospital) and

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any other provision relating to incapacity from voting;

           (b)           sections 5 to 7C and 14 to 17 of that Act (residence, declarations of local

connection and service qualifications) and any other provision relating

to residence for electoral purposes; and

           (c)           sections 1 and 2 of the Representation of the People Act 1985

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(registration of British citizens overseas) and any other provision

relating to overseas electors.

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

regulations under this section.

 17    Section 16: supplementary

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     (1)    This section applies to regulations under section 16.

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

     (3)    Such regulations may—

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

provision;

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

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

           (c)           modify, exclude or apply (with or without modifications) any

enactment.

     (4)    A statutory instrument containing such regulations is subject to annulment by

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resolution of either House of Parliament unless the instrument also contains

regulations under the 2002 Act (which are subject to approval in draft under

section 13(2) of that Act).

Miscellaneous provisions

 18    Extension of 2002 Act to Gibraltar

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The provisions of the 2002 Act, other than Schedules 3 and 4, extend to

Gibraltar.

 19    Returning officers

     (1)    Section 6 of the 2002 Act (returning officers) is amended as follows.

     (2)    In subsection (2) for “and for Wales” there is substituted “and Wales (including

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the combined region)”.

     (3)    For subsection (5) there is substituted—

           “(5)              The Secretary of State may by regulations confer functions on the

returning officers for the electoral regions and on local returning

officers.

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           (5A)              For the purposes of subsection (5) “local returning officer” means—

 

 

European Parliament (Representation) Bill
Part 2 — Gibraltar

    10

 

                  (a)                 a person who is, in relation to parliamentary elections, an acting

returning officer (in England and Wales) or a returning officer

(in Scotland); or

                  (b)                 the European electoral registration officer for Gibraltar

appointed under section 13 of the European Parliament

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(Representation) Act 2003.”

     (4)    After subsection (8) there is inserted—

           “(9)              In the case of the combined area the reference in subsection (7) to the

council of a relevant area includes a reference to the Government of

Gibraltar.”

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     (5)    In section 17 of the 2002 Act (interpretation), there is inserted at the end—

                    ““combined region” means the electoral region which includes Gibraltar.”

 20    Disqualification from office of MEP

     (1)    In section 10 of the 2002 Act (disqualification)—

           (a)           in subsection (3), after “Kingdom” there is inserted “or Gibraltar”;

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           (b)           after subsection (4) there is inserted—

                  “(4A)                    The Secretary of State may by order provide for persons of a

description connected to Gibraltar (including any description of

persons who are disqualified for membership of the Gibraltar

House of Assembly) to be disqualified from the office of MEP.

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                  (4B)                    The Secretary of State must consult the Electoral Commission

before making an order under subsection (4A).”

     (2)    In section 11(5) of the 2002 Act (power to amend maximum security for costs

in disqualification proceedings), after “order” there is inserted “(a)” and at the

end there is inserted “; and

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                  (b)                    prescribe a different figure for applications where the electoral

region concerned is the combined region.”

     (3)    In section 13(3)(a) of the 2002 Act (Parliamentary procedure for regulations and

orders under that Act) after “10(2)(d)” there is inserted “or (4A)”.

 21    European Parliamentary election regulations

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In section 7 of the 2002 Act (regulation-making powers: general), after

subsection (4) there is inserted—

           “(4A)              Without prejudice to the generality of the power under which they are

made, regulations under this Act may—

                  (a)                 make different provision for different electoral regions and, in

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particular, for the part of the combined region which is in

England and Wales and for Gibraltar;

                  (b)                 confer jurisdiction relating to any matter connected with the

election of MEPs in the combined region on any court in the

United Kingdom; and

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                  (c)                 exclude any such matter from the jurisdiction of any court in

Gibraltar.”

 

 

European Parliament (Representation) Bill
Part 3 — Supplementary

    11

 

Part 3

Supplementary

 22    Financial provisions

     (1)    There shall be paid out of money provided by Parliament—

           (a)           any expenditure incurred by a Minister of the Crown in consequence of

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this Act;

           (b)           any increase attributable to this Act in the sums so payable by virtue of

paragraph 14 of Schedule 1 to the Political Parties, Elections and

Referendums Act 2000 (c. 41) (expenditure of the Electoral Commission

in the performance of its functions); and

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           (c)           any other increase attributable to this Act in the sums payable out of

money so provided by virtue of an Act other than this Act.

     (2)    There shall be charged on and paid out of the Consolidated Fund any increase

attributable to this Act in the sums to be charged on and paid out of that Fund

under any other Act.

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     (3)    Without prejudice to the generality of the power under which it is made,

subordinate legislation to which this subsection applies may make provision—

           (a)           for sums to be paid, or for expenditure to be met, by a Minister of the

Crown, the Electoral Commission or any public authority in Gibraltar;

           (b)           for expenditure to be paid out of money provided by Parliament or to

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be met by Gibraltar;

           (c)           for sums to be charged on and paid out of the Consolidated Fund or

charged on and paid out of the Consolidated Fund of Gibraltar;

           (d)           for sums to be paid into the Consolidated Fund or into the

Consolidated Fund of Gibraltar.

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     (4)    Subsection (3) applies to—

           (a)           an order under section 11;

           (b)           regulations under section 16; and

           (c)           regulations under section 7 of the 2002 Act.

 23    Functions of Lord Chancellor exercisable concurrently with Secretary of State

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The functions of the Lord Chancellor under this Act are exercisable

concurrently with the Secretary of State.

 24    Interpretation

     (1)    In this Act—

                    “combined region” means the electoral region which includes Gibraltar;

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                    “electoral region” means an electoral region of the United Kingdom

established under the 2002 Act for the purposes of European

Parliamentary elections;

                    “existing electoral region” means an electoral region existing immediately

before the passing of this Act;

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                    “MEP” means a member of the European Parliament; and

                    “the 2002 Act” means the European Parliamentary Elections Act 2002.

 

 

European Parliament (Representation) Bill
Part 3 — Supplementary

    12

 

     (2)    In this Act “enactment” means (subject to subsection (3))—

           (a)           a provision of an Act (whether passed before or after this Act),

including a provision modified by this Act; or

           (b)           a provision of subordinate legislation (whenever made).

     (3)    In section 12(4) and 17(3)(c) “enactment” also includes a provision of law

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passed or made in Gibraltar (whenever passed or made) and in section 12(4) it

also includes a provision of Part 1 or 3 of this Act.

 25    Short title, extent and commencement

     (1)    This Act may be cited as the European Parliament (Representation) Act 2003.

     (2)    This Act extends to each part of the United Kingdom and to Gibraltar.

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     (3)    Part 1, sections 8 and 9 and this Part come into force in each part of the United

Kingdom on the passing of this Act but shall not come into force in Gibraltar

until such day as the Lord Chancellor may appoint by order made by statutory

instrument.

     (4)    Sections 10 to 21 shall not come into force until such day as the Lord Chancellor

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may appoint by order made by statutory instrument.

     (5)    Different days may be appointed under this section for different purposes.

 

 

 
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