European Parliament (Representation) Act 2003

13 Sections 11 and 12: supplementary

(1) This section applies to orders under section 11 or 12.

(2) The power to make such an order is exercisable by statutory instrument.

(3) Such an order may—

(a) confer power to make subordinate legislation;

(b) make consequential, supplementary, incidental, transitional or saving provision;

(c) make provision extending or applying to (or extending or applying only to) Gibraltar or any part of the United Kingdom; and

(d) make different provision for different electoral regions or for different parts of the combined region.

(4) Such an order may modify, exclude or apply (with or without modifications) any enactment.

(5) Such an order may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(6) Subsection (5) does not apply to an order (not being an order which specifies the existing electoral region to be combined with Gibraltar) if it appears to the Lord Chancellor that by reason of urgency the order should be made without being approved in draft.

(7) Where an order is made without being approved in draft, by virtue of subsection (6)—

(a) it must be laid before Parliament after being made; and

(b) if it is not approved by a resolution of each House of Parliament within the period of 40 days after the date on which it is made, the order shall cease to have effect at the end of that period.

(8) If a motion for the approval of a draft order which specifies the existing electoral region to be combined with Gibraltar is rejected by either House or withdrawn by leave of the House, the Lord Chancellor may, after consulting the Electoral Commission, alter the draft order.

(9) If, apart from this subsection, an order to which this section applies would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed as if it were not such an instrument.