Fixed-term Parliaments Act 2011

Section 6

SCHEDULEE+W+S+N.I.Consequential amendments etc

Succession to the Crown Act 1707 (c. 41)E+W+S+N.I.

1In section 7 of the Succession to the Crown Act 1707 omit “or dissolve”.E+W+S+N.I.

Septennial Act 1715 (c. 38)E+W+S+N.I.

2The Septennial Act 1715 is repealed.E+W+S+N.I.

Representation of the People Act 1867 (c. 102)E+W+S+N.I.

3In section 51 of the Representation of the People Act 1867 omit “or dissolved” where it occurs second.E+W+S+N.I.

Parliament Act 1911 (c. 13)E+W+S+N.I.

4In the Parliament Act 1911 omit section 7.E+W+S+N.I.

Regency Act 1937 (c. 16)E+W+S+N.I.

5In section 6(1) of the Regency Act 1937 omit the words from “to dissolve Parliament” to “telegraph), or”.E+W+S+N.I.

Representation of the People Act 1983 (c. 2)E+W+S+N.I.

6The Representation of the People Act 1983 is amended as follows.E+W+S+N.I.

7In section 76ZA(3)(a) after “during” insert “ or after ”.E+W+S+N.I.

8In section 93(5)(a) omit the words from “or any earlier time” to the end.E+W+S+N.I.

9In section 119(2) after “mourning” insert “ (but, in relation to a parliamentary general election, excluding any day to which rule 2 of the parliamentary elections rules does not apply by virtue of rule 2(2A)) ”.E+W+S+N.I.

10(1)Amend the Timetable in rule 1 in Schedule 1 as follows.E+W+S+N.I.

(2)In the entry relating to “Issue of writ”, in column 2, for “issue of the proclamation summoning the new Parliament” substitute “ dissolution of Parliament by section 3(1) of the Fixed-term Parliaments Act 2011 ”.

(3)In the entry relating to “Delivery of nomination papers”, in column 2, for “proclamation summoning the new Parliament” substitute “ dissolution of Parliament by section 3(1) of the Fixed-term Parliaments Act 2011 ”.

(4)In the entry relating to “Polling”, in column 2, for “eleventh day after the last day for delivery of nomination papers” substitute “ day determined under section 1 of the Fixed-term Parliaments Act 2011 or appointed under section 2(7) of that Act ”.

11(1)Amend rule 2 in Schedule 1 as follows.E+W+S+N.I.

(2)In paragraph (1) omit the words from “, and any such day” to the end.

(3)After paragraph (1) insert—

(1A)In relation to a general election, any day within paragraph (1)(a) to (c) shall not be treated as a day for the purpose of any proceedings in the Timetable before the polling day.

(1B)In relation to a by-election, any day within paragraph (1)(a) to (c) shall not be treated as a day for the purpose of any proceedings in the Timetable up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

(4)Omit paragraph (2)(ii) and the “and” before it.

(5)After paragraph (2) insert—

(2A)In relation to a general election, this rule does not apply to a day which is a bank holiday or a day appointed for public thanksgiving or mourning if—

(a)the day was not fixed or appointed as such before the dissolution of Parliament by section 3(1) of the Fixed-term Parliaments Act 2011, or

(b)the day is one that is treated as a working day by section 3(6) of that Act.

But, in relation to any proceedings commenced afresh by reason of a candidate's death, this paragraph is to be ignored.

12In rule 6A(4) in Schedule 1 after “rule 2(1)” insert “ (subject to rule 2(2A)) ”.E+W+S+N.I.

13In the form of writ in the Appendix of Forms at the end of Schedule 1 for the words from “the advice” to “next” substitute “ section 3(1) of the Fixed-term Parliaments Act 2011 Parliament has dissolved ”.E+W+S+N.I.

Representation of the People Act 1985 (c. 50)E+W+S+N.I.

14The Representation of the People Act 1985 is amended as follows.E+W+S+N.I.

15(1)Amend section 15 as follows.E+W+S+N.I.

(2)After subsection (3) insert—

(3A)Where the polls at an election of the Northern Ireland Assembly are to be taken on the same date as the polls at one or more elections of the kind mentioned in subsection (1), the Chief Electoral Officer for Northern Ireland may direct that the polls at the election of the Assembly are to be taken together with the polls at the other election or elections.

(3)After subsection (5A) insert—

(5B)The power under subsection (5) above to make provision in connection with the combining of polls under subsection (3A) includes power to modify—

(a)Part 2 or 3 of the Schedule to the Elections Act 2001 (in addition to the power conferred by paragraph 32 of that Schedule);

(b)any provision made under section 34(4) or 84(1) of the Northern Ireland Act 1998 or section 38(1)(a) of the Northern Ireland Constitution Act 1973 (see section 95(1) of the 1998 Act);

(c)any provision made by or under Northern Ireland legislation relating to local elections.

16For section 20 substitute—E+W+S+N.I.

20Demise of the Crown and parliamentary elections etc

(1)Subject to what follows, the demise of the Crown does not affect any proclamation summoning a new Parliament issued before the demise (see section 3(4) of the Fixed-term Parliaments Act 2011) (or any other matter relating to a parliamentary election or the summoning of a new Parliament).

(2)Subsections (3) to (6) apply if the demise occurs—

(a)on the day of the dissolution of a Parliament by section 3(1) of the 2011 Act, or

(b)after that day but before the polling day for the next parliamentary general election after the dissolution as determined under section 1 of the 2011 Act or appointed under section 2(7) of the 2011 Act (“the current election”);

and any relevant writ, notice or other document is to be issued or, if already issued, read accordingly.

(3)In relation to the current election, for the purposes of the timetable in rule 1 in Schedule 1 to the principal Act—

(a)the polling day shall be—

(i)the 14th day after the day which would otherwise have been the polling day, or

(ii)if the 14th day is not a working day, the next working day after the 14th day;

(b)any working day within the period of 13 days beginning with the day after the demise—

(i)shall be disregarded in computing any period of time, and

(ii)shall not be treated as a day for the purpose of any proceedings before the polling day.

(4)If the polling day for the current election was appointed under section 2(7) of the 2011 Act, the reference to the polling day in section 1(4) of the 2011 Act is to be read, in relation to the current election, as a reference to the new polling day under subsection (3)(a).

(5)Section 76 of the principal Act shall have effect in relation to any candidate at the current election as if the maximum amount specified in subsection (2)(a) of that section were increased by one half.

(6)If the proclamation summoning the new Parliament after the current election was issued before the demise, the meeting of the new Parliament shall (subject to any prorogation subsequent to the demise) take place—

(a)on the 14th day after the day appointed in the proclamation for the meeting, or

(b)if the 14th day is not a working day, the next working day after the 14th day.

(7)If the demise occurs within the period of seven days before the day of the dissolution of a Parliament by section 3(1) of the 2011 Act, subsections (2) to (6) have effect as if the demise occurred on that day.

(8)In this section “working day” means any day other than one to which rule 2 in Schedule 1 to the principal Act applies in relation to the current election (or would have applied had it fallen before the polling day).

Parliamentary Constituencies Act 1986 (c. 56)E+W+S+N.I.

17In section 4(6) of the Parliamentary Constituencies Act 1986 for the words from the first “until” to “affect” substitute “ or ”.E+W+S+N.I.

Political Parties, Elections and Referendums Act 2000 (c. 41)E+W+S+N.I.

18The Political Parties, Elections and Referendums Act 2000 is amended as follows.E+W+S+N.I.

19In section 22(2A) after “1983” insert “ (subject to rule 2(2A)) ”.E+W+S+N.I.

20In section 63(6)(a) for the words from “Her Majesty's” to “forthcoming” substitute “Parliament is dissolved by section 3(1) of the Fixed-term Parliaments Act 2011 for a”.E+W+S+N.I.

21(1)Amend Schedule 9 as follows.E+W+S+N.I.

(2)In paragraph 1(3)(a) for the words from “Her Majesty's” to “forthcoming” substitute “Parliament is dissolved by section 3(1) of the Fixed-term Parliaments Act 2011 for a”.

(3)In paragraph 9(6)(b) for the words from “Her Majesty's” to “with” substitute “Parliament is dissolved by section 3(1) of the Fixed-term Parliaments Act 2011 for”.

22(1)Amend Schedule 10 as follows.E+W+S+N.I.

(2)In paragraph 1(2)(a) for the words from “Her Majesty's” to “forthcoming” substitute “Parliament is dissolved by section 3(1) of the Fixed-term Parliaments Act 2011 for a”.

(3)In paragraph 9(6)(b) for the words from “Her Majesty's” to “with” substitute “Parliament is dissolved by section 3(1) of the Fixed-term Parliaments Act 2011 for”.