SCHEDULE
Minor and consequential amendments
In section 7 of the Succession to the Crown Act 1707 (preservation of prerogative powers), after “prorogue” insert“or dissolve”.
In section 51 of the Representation of the People Act 1867 (continuation of Parliament on demise of the Crown), after “prorogued” insert“or dissolved”.
In section 6 of the Regency Act 1937 (power to delegate royal functions to Counsellors of State), in subsection (1), after “power” insert“to dissolve Parliament otherwise than on the express instructions of the Sovereign, or”.
Representation of the People Act 1983 (c. 2)
4 The Representation of the People Act 1983 is amended as follows.
5 In section 28 (discharge of returning officer’s functions in England and Wales), after subsection (3) insert—
(3A) For the purposes of subsection (3), the writ is to be taken to have been received—
(a)
(a) in the case of a general election, on the day after the date of the dissolution of Parliament, and
(b)
(b) in the case of a by-election, on the day after the date of the warrant for the writ.”
6 In section 76ZA (limitation of pre-candidacy election expenses for certain general elections), in subsection (3)(a), omit “or after”.
7 In section 95 (schools and rooms for parliamentary election meetings), after subsection (1) insert—
(1A) For the purposes of subsection (1), the writ is to be taken to have been received—
(a)
(a) in the case of a general election, on the day after the date of the dissolution of Parliament, and
(b)
(b) in the case of a by-election, on the day after the date of the warrant for the writ.”
8
(1) Schedule 1 (parliamentary elections rules) is amended as follows.
(2) In rule 1, in the election timetable—
(a)
(a) in the entry relating to “Issue of writ”, in the second column, omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;
(b)
(b) for the entry relating to “Publication of notice of election” substitute—
“Publication of notice of election |
In the case of a general election, not later than 4 in the afternoon on the second day after that on which the writ is received (and for these purposes the writ is to be taken to have been received on the day after the date of the dissolution of Parliament). |
In the case of a by-election, not later than 4 in the afternoon on the second day after that on which the writ is received (and for these purposes the writ is to be taken to have been received on the day after the date of the warrant for the writ).”; |
(c)
(c) in the entry relating to “Delivery of nomination papers”—
(i) in the second column, omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;
(ii) in the third column, at the end insert “(and for these purposes the writ is to be taken to have been received on the day after the date of the warrant for the writ)”;
(d)
(d) in the entry relating to “Polling”, in the second column, for “day determined under section 1 of the Fixed-term Parliaments Act 2011 or appointed under section 2(7) of that Act” substitute“19th day after the last day for delivery of nomination papers”.
(3) In rule 2 (computation of time)—
(a)
(a) in paragraph (1), at the end insert“, and any such day is not to be treated as a day for the purpose of any proceedings in the Timetable up to the completion of the poll, nor is the returning officer obliged to proceed with the counting of the votes on such a day.”;
(b)
(b) omit paragraphs (1A) and (1B);
(c)
(c) in paragraph (2A), for sub-paragraphs (a) and (b) substitute“the day was not fixed or appointed as such before the dissolution of Parliament.”
(4) In the form of writ in the Appendix of Forms at the end of Schedule 1, omit “by section 3(1) of the Fixed-term Parliaments Act 2011”.
(1) Section 20 of the Representation of the People Act 1985 (demise of the Crown and parliamentary elections etc) is amended as follows.
(2) In subsection (1)—
(a)
(a) after “proclamation” insert“dissolving Parliament or”;
(b)
(b) omit “(see section 3(4) of the Fixed-term Parliaments Act 2011)”.
(3) In subsection (2)—
(a)
(a) for “(6)” substitute“(6A)”;
(b)
(b) for paragraphs (a) and (b) substitute“at any time between the dissolution of Parliament and the polling day for the next parliamentary general election (“the current election”),”.
(4) After subsection (3) insert—
(3A) But the Sovereign may by royal proclamation, made on the advice of the Privy Council, appoint an alternative polling day, in place of the day that would otherwise have been the polling day under subsection (3)(a) (“the subsection (3)(a) polling day”), which may be—
(a)
(a) no earlier than the 7th day before the subsection (3)(a) polling day, and
(b)
(b) no later than the 7th day after the subsection (3)(a) polling day.
(3B) If an alternative polling day is appointed under subsection (3A), subsection (3) applies as if—
(a)
(a) for paragraph (a) there were substituted—
a
“(a) the polling day shall be the day appointed by the proclamation under subsection (3A);”;
(b)
(b) in paragraph (b)—
(i) in a case where the alternative polling day is before the subsection (3)(a) polling day, for “13 days” there were substituted “x days” where x is 13 minus the number of days that the alternative polling day is before the subsection (3)(a) polling day;
(ii) in a case where the alternative polling day is after the subsection (3)(a) polling day, for “13 days” there were substituted “y days” where y is 13 plus the number of days that the alternative polling day is after the subsection (3)(a) polling day.”
(5) Omit subsection (4).
(6) After subsection (6) insert—
(6A) But the Sovereign may by royal proclamation, made on the advice of the Privy Council, appoint an alternative day for the meeting of the new Parliament, in place of the day that would otherwise have been the day for the meeting of the new Parliament under subsection (6).”
(7) In subsection (7), for “by section 3(1) of the 2011 Act, subsections (2) to (6)” substitute “, subsections (2) to (6A)”.
10 The Scotland Act 1998 is...
