European Parliament (Representation) Act 2003

6 Section 5: supplementary

(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 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(6) If a motion for the approval of a draft order is rejected by either House or withdrawn by leave of the House the Lord Chancellor may, after consulting the Electoral Commission, alter the draft order.

(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 could have been recommended under section 3.

(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.