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European Parliament (Representation) Bill


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

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A

Bill

[AS AMENDED IN GRAND COMMITTEE]

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.

 
HL Bill 4553/2
 
 

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

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

follows—

 

East Midlands

6

 
 

Eastern

8

 

5

 

London

10

 
 

North East

4

 
 

North West

10

 
 

South East

11

 
 

South West

7

 

10

 

West Midlands

8

 
 

Yorkshire and the Humber

7

 
 

Scotland

8

 
 

Wales

5

 
 

Northern Ireland

3.”

 

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Electoral Commission recommendations relating to changes in total number of United

Kingdom MEPs

 2     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

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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

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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.

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 3     Recommendations by Electoral Commission as to the distribution of 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—

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

 

 

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

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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.

 4     Section 3: meaning of “elector”

     (1)    For the purposes of section 3(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

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relevant register which relates to the region.

     (2)    In subsection (1)—

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

notice under section 3 is given; and

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

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Act (periodic reviews).

     (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 Commonwealth citizen or

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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 once on registers (or

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

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different electors.

Implementation of changes in the total number of United Kingdom MEPs

 5     Orders implementing changes

     (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

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amending—

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

MEPs to be elected for the United Kingdom); and

 

 

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

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           (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 6(6) to (8)) be the distribution proposed in a

recommendation of the Electoral Commission under section 3 which is

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effective on the day on which the order is made.

     (3)           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.

     (4)           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

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Community Treaties and, if the treaty requires ratification, before it is ratified

by the United Kingdom.

     (5)           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

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2(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.

     (6)           In subsections (3) to (5) “the relevant change”, in relation to an order under this

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section amending section 1 of the 2002 Act, means the change under

Community law being implemented by the order.

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

order under this section.

 6     Section 5: supplementary

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     (1)    This section applies to orders under section 5.

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

     (3)           Such an order may make consequential, transitional or saving provision.

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

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

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

each House of Parliament.

     (6)    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

Electoral Commission, alter the draft order.

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     (7)    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.

     (8)    The Electoral Commission may not give its consent under subsection (7) unless

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

40

could have been recommended under section 3.

 

 

European Parliament (Representation) Bill
Part 2 — Gibraltar

    5

 

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

draft under subsection (5) is subject to annulment in pursuance of a resolution

of either House of Parliament.

Supplementary

 7     Periodic reviews of distribution of MEPs

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     (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

Commission of the distribution of MEPs between the electoral regions)

has effect.”

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

Schedule to this Act.

 8     Consequential amendments

     (1)    The 2002 Act is amended as follows.

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

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preceding “or” are repealed.

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

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

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

the Table below and comprise the areas specified in column

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(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

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

Table”; and

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

Table, are repealed.

Part 2

Gibraltar

New combined electoral region

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 9     Combination of Gibraltar with existing electoral region

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

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

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

 

 

 
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