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Amendments to the Regional Assemblies (Preparations) Bill

Regional Assemblies (Preparations) Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

THE LORD ROOKER

1Page 2, line 36, leave out "Part 2 of this Act" and insert "section 13(1) or 16(4)"
2Page 3, line 4, leave out "Part 2 of this Act" and insert "section 13(1) or 16(4)"
 

Clause 3

 

THE LORD ROOKER

3Page 3, leave out lines 32 and 33
4Page 3, line 34, after "of" insert "an order under"
5Page 3, line 39, at beginning insert "If the same ballot paper is used for both a referendum held in pursuance of an order under section 1 and a referendum held in pursuance of an order under section 2(2)"
6Page 3, line 42, leave out from beginning to end of line 2 on page 4
7Page 4, line 5, at end insert "There will be no such reorganisation if an elected assembly is not established.
(4A)  If the same ballot paper is not used for both referendums as mentioned in subsection (4) the following statement (in as nearly as may be the following form) must precede the question on the ballot paper used for a referendum held in pursuance of an order under section 2(2):
  "If an elected assembly is established for the (insert name of region) region, it is intended that local government will be reorganised into a single tier in those parts of the region that currently have both county and district councils.
  Your part of the region currently has both county and district councils. You can help to decide how local authorities in your part of the region will be reorganised into a single tier. There will be no such reorganisation if an elected assembly is not established."."
 

Clause 6

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

8Page 5, line 8, leave out "five" and insert "seven"
 

THE LORD ROOKER

9Page 5, line 16, after "held" insert "in a county area"
10Page 5, line 18, after "held" insert "in that county area"
11Page 5, line 33, at end insert—
"(7A)  For the purposes of a referendum held in pursuance of an order under subsection (5) the Secretary of State may by order vary the terms of the statement set out in section 3(4A).
(7B)  Before an order under subsection (7A) is laid before Parliament in pursuance of section 29(2) the Secretary of State must consult the Electoral Commission as to the wording of the statement as so varied.
(7C)  At the time when the order is so laid the Secretary of State must lay before each House a report stating any views which the Commission have expressed in response to the consultation as to the intelligibility of the statement as so varied."
 

Clause 10

 

THE LORD ROOKER

12Page 7, line 22, at end insert—
"(   )  Counting officer includes a person appointed in pursuance of an order under section 2(9) for the purpose of certifying the number of ballot papers or votes cast in a referendum held in pursuance of an order under section 2(2)."
 

Clause 11

 

THE LORD ROOKER

13Page 7, line 32, at end insert—
  "unless the proceedings are brought in accordance with this section.
(   )  The proceedings must be brought by a claim for judicial review.
(   )  The court must not give permission for the claim unless the claim form is filed before the end of the period of six weeks starting with the certificate date.
(   )  The certificate date is—
(a)  the date on which a certificate as to the matters mentioned in subsection (1)(a) or (b) is given by the Chief Counting Officer, counting officer or other person mentioned in subsection (1)(b);
(b)  if there is more than one such certificate in a referendum the date on which the last such certificate is given."
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

14Leave out Clause 11 and insert the following new Clause—
  "Legal challenge
(1)  A court shall only consider proceedings for questioning—
(a)  the number of ballot papers or votes cast in a referendum held in pursuance of an order under section 1 as certified by the Chief Counting Officer for the referendum or by a counting officer, or
(b)  the number of ballot papers or votes cast in a referendum held in pursuance of an order under subsection (2) of section 2 as certified by a person appointed for the purpose in pursuance of an order under subsection (9) of that section, if—
(i)  the proceedings are brought in accordance with this section, and
(ii)  a claim if filed within six weeks from the date on which a certificate in relation to subsection (1)(a) or (b) is issued by the Chief Accounting Officer, counting officer or other person mentioned in subsection (1)(b).
(2)  If there is more than one such certificate for a referendum, the date on which the last certificate is issued should apply."
 

Clause 17

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

15Page 12, line 5, at end insert—
"(   )  in any such referendum, the proportion of those actually voting for the proposition is equal to, or greater than, the proportion given in Schedule (Proportion of electors required to secure a majority) for the relevant percentage of the eligible electorate certified as having voted,"
16Page 12, line 5, at end insert—
"(   )  a majority of those voting in each county area voted in favour of an elected regional assembly,"
 

After the Schedule

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

17Insert the following new Schedule—
 "SCHEDULEProportion of electors required to secure a majority
 
  Percentage of the eligibleelectorate certified ashaving votedProportion of those actuallyvoting required to supportthe proposition
 
  Above 45%50%   
           41-45%54%   
           36-40%58%   
           30-35%62%   
  Below 30%66%."

 
 
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©Parliamentary copyright 2003
28 April 2003