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European Parliament (Representation) Bill


European Parliament (Representation) Bill
Part 2 — Gibraltar

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 22    European Parliamentary election regulations

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 make different provision for

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different electoral regions and, in particular, for the part of the

combined region which is in England and Wales and for Gibraltar.”

 23    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

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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

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           (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

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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

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123 of the Representation of the People Act 1983 (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;

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                  (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.

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     (3)    This section applies to—

           (a)           an order under section 12;

           (b)           regulations under section 17; and

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

 24    Effect of statutory powers on capacity of Gibraltar legislature

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     (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.

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European Parliament (Representation) Bill
Part 3 — Supplementary

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Part 3

Supplementary

 25    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)           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

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           (b)           for the payment of sums into the Consolidated Fund.

     (4)    Subsection (3) applies to—

           (a)           an order under section 12;

           (b)           regulations under section 17; and

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

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 26    Functions of Lord Chancellor exercisable concurrently with Secretary of State

The functions of the Lord Chancellor under this Act are exercisable

concurrently with the Secretary of State.

 27    Interpretation

     (1)    In this Act—

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

                    “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

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before the passing of this Act;

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

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

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

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

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including a provision modified by this Act; or

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

 

 

European Parliament (Representation) Bill
Part 3 — Supplementary

    14

 

     (3)    In section 13(4) and 18(3)(c) “enactment” also includes a provision of law

passed or made in or for Gibraltar (whenever passed or made) and in section

13(4) it also includes a provision of Part 1 or 3 of this Act.

 28    Short title, extent and commencement

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

5

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

     (3)    Part 1, sections 9 and 10 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.

10

     (4)    Sections 11 to 22 shall not come into force until such day as the Lord Chancellor

may appoint by order made by statutory instrument.

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

 

 

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

 15

 

Schedule

Section 7

 

Schedule 1A to the 2002 Act

“SCHEDULE 1A

PERIODIC REVIEWS OF DISTRIBUTION OF MEPS

Electoral Commission review and recommendation

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          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

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                      (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

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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

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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).

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                           (3)               In this Schedule—

                       “2003 Act order” means an order under section 5 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

    16

 

                       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.

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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

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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

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          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

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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

    17

 

                      (b)                     is not required to 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

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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

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

electoral region are the names of different electors.”


 
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