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Amendments to the European Parliament (Representation) Bill

European Parliament (Representation) Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Before Clause 2

 

THE LORD CHANCELLOR

Insert the following new Clause—
  "References to changes under Community law
(1)  In this Part "change under Community law" (in relation to a change in the number of MEPs to be elected for the United Kingdom) means a change made by—
(a)  a treaty provision that is part of the Community Treaties; or
(b)  any provision of a Council Decision, or of any other instrument, made under a treaty provision that is part of the Community Treaties.
(2)  In this Part a reference to a treaty provision being part of the Community Treaties is to it being, or being included in provisions which are, specified in section 1(2) of the European Communities Act 1972 (c.68) by virtue of an amendment made by an Act (whether passed before or after this Act).
(3)  In this Part "treaty" includes any international agreement (however described) and a protocol or annex to a treaty or other international agreement."
 

Clause 4

 

THE LORD CHANCELLOR

Page 3, line 33, leave out subsections (3) and (4) and insert—
"(2A)  An order making an amendment to section 1 of the 2002 Act may be made before the provision making the relevant change has entered into force.
(2B)  If the relevant change is made by a provision of a treaty, an order making such an amendment may also be made before that provision has become part of the Community Treaties and, if the treaty requires ratification, before it is ratified by the United Kingdom.
(2C)  But no amendment to section 1 of the 2002 Act may be made so as to come into force—
(a)  if the relevant change is made by a provision mentioned in section (References to changes in Community law)(1)(b), before that provision has entered into force; and
(b)  if the relevant change is made by a treaty provision, before that provision has both entered into force and become part of the Community Treaties.
(2D)  In subsections (2A) to (2C) "the relevant change", in relation to an order under this section amending section 1 of the 2002 Act, means the change under Community law being implemented by the order."
 

Clause 5

 

THE LORD CHANCELLOR

Page 3, line 40, at end insert—
"(2A)  Such an order may make consequential, transitional or saving provision.
(2B)  Provision made under subsection (2A) may modify any enactment."
 

The Schedule

 

THE LORD CHANCELLOR

Page 15, line 1, leave out second "not" and insert "to"
 

Clause 9

 

THE LORD CHANCELLOR

Page 5, line 16, leave out "and the Chief Minister" and insert ", the Chief Minister and the leader of each political party represented in the House of Assembly"
 

Clause 12

 

THE LORD CHANCELLOR

Page 6, line 37, leave out subsection (5) and insert—
"(5)  Such an order may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(5A)  Subsection (5) does not apply to an order (not being an order which specifies the existing electoral region to be combined with Gibraltar) if it appears to the Lord Chancellor that by reason of urgency the order should be made without being approved in draft.
(5B)  Where an order is made without being approved in draft, by virtue of subsection (5A)—
(a)  it must be laid before Parliament after being made; and
(b)  if it is not approved by a resolution of each House of Parliament within the period of 40 days after the date on which it is made, the order shall cease to have effect at the end of that period."
Page 6, line 41, leave out "mentioned in subsection (5)" and insert "which specifies the existing electoral region to be combined with Gibraltar"
Page 7, line 1, leave out subsection (7)
 

Clause 13

 

THE LORD CHANCELLOR

Page 7, line 12, leave out subsections (2) and (3) and insert—
"(2)  The Clerk of the House of Assembly shall (by virtue of his office) be the European electoral registration officer for Gibraltar."
 

Clause 17

 

THE LORD CHANCELLOR

Page 9, line 25, leave out subsection (4) and insert—
"(4)  Such regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(5)  Subsection (4) does not apply to an order if it appears to the Lord Chancellor that by reason of urgency the order should be made without being approved in draft.
(6)  Where an order is made without being approved in draft, by virtue of subsection (5)—
(a)  it must be laid before Parliament after being made; and
(b)  if it is not approved by a resolution of each House of Parliament within the period of 40 days after the date on which it is made, the order shall cease to have effect at the end of that period."
 

Clause 19

 

THE LORD CHANCELLOR

Page 10, line 7, leave out subsection (4) and insert—
"(4)  In subsection (7) for the words from "the council" to "must" there is substituted—
    (a)  in the case of an electoral region other than the combined region, the council of a relevant area falling wholly or partly within that region; and
    (b)  in the case of the combined region, the council of a relevant area falling wholly or partly within that region and the Government of Gibraltar,
      must"."
     

    Clause 20

     

    THE LORD CHANCELLOR

    Page 10, line 28, leave out subsection (3) and insert—
    "(3)  In section 13 of the 2002 Act (Parliamentary procedure for regulations and orders under that Act), after subsection (3) there is inserted—
      "(3A)  An order under section 10(4A) may not be made unless a a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
      (3B)  Subsection (3A) does not apply if it appears to the Lord Chancellor that by reason of urgency the order should be made without being approved in draft.
      (3C)  Where an order is made without being approved in draft, by virtue of subsection (3A)—
      (a)  it must be laid before Parliament after being made; and
      (b)  if it is not approved by a resolution of each House of Parliament within the period of 40 days after the date on which it is made, the order shall cease to have effect at the end of that period.""
       

      Clause 21

       

      THE LORD CHANCELLOR

      Page 10, leave out lines 38 to 42
       

      After Clause 21

       

      THE LORD CHANCELLOR

      Insert the following new Clause—
        "Jurisdiction of courts
      (1)  Subordinate legislation to which this section applies—
      (a)  may make provision for a judge of the Supreme Court of Gibraltar to be appointed as an additional judge (with the two judges acting under section 123 of the Representation of the People Act 1983 (c.2) as applied for the purposes of European Parliamentary elections) for the trial of an election petition relating to the election of MEPs in the combined region; and
      (b)  may, for the purposes of such an election petition—
      (i)  confer the powers, jurisdiction and authority of a judge of the High Court on any Gibraltar judge who is so appointed; and
      (ii)  make any other provision necessary to secure that a Gibraltar judge so appointed is treated as if he were a judge of the High Court.
      (2)  Without prejudice to the generality of the power under which it is made, subordinate legislation to which this section applies may—
      (a)  confer jurisdiction over any matter connected with the election of MEPs in the combined region on an election court constituted under section 123 of the Representation of the People Act 1983 (c.2) (as applied for the purposes of European Parliamentary elections);
      (b)  confer jurisdiction over any such matter (not being a matter within the jurisdiction of the election court) on—
      (i)  one or more courts in the United Kingdom;
      (ii)  one or more courts in Gibraltar (whether specified in the regulations or left to be determined by or under the law of Gibraltar); or
      (iii)  one or more courts in the United Kingdom and one or more courts in Gibraltar.
      (3)  This section applies to—
      (a)  an order under section 11;
      (b)  regulation under section 16; and
      (c)  regulations under section 7 of the 2002 Act."
      Insert the following new Clause—
        "Effect of statutory powers on capacity of Gibraltar legislature
      (1)  The capacity (apart from this Act) of the Gibraltar legislature to make law for Gibraltar is not affected by the existence of a power under this Part or the 2002 Act to make subordinate legislation extending to Gibraltar.
      (2)  Subsection (1) does not affect the operation of the Colonial Laws Validity Act 1865 (c. 63) in relation to subordinate legislation made under such a power."
       

      Clause 22

       

      THE LORD CHANCELLOR

      Page 11, line 16, leave out subsection (3) and insert—
      "(3)  Subordinate legislation to which this subsection applies may make provision—
      (a)  for sums required to meet any expenditure (other than expenditure to be met from funds provided by Gibraltar) to be—
      (i)  paid out of money provided by Parliament; or
      (ii)  charged on and paid out of the Consolidated Fund; and
      (b)  for the payment of sums into the Consolidated Fund."
       

      Clause 24

       

      THE LORD CHANCELLOR

      Page 12, line 6, after "in" insert "or for"

 
 
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©Parliamentary copyright 2003
11 March 2003