UKPGA-2022-11 Dissolution and Calling of Parliament Act 2022 UK

Current to 2023-10-30

Contents
preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Repeal of the Fixed-term Parliaments Act 2011

The Fixed-term Parliaments Act 2011 is repealed.

s. 2 — Revival of prerogative powers to dissolve Parliament and to call a new Parliament
s. 2(1)

The powers relating to the dissolution of Parliament and the calling of a new Parliament that were exercisable by virtue of Her Majesty’s prerogative immediately before the commencement of the Fixed-term Parliaments Act 2011 are exercisable again, as if the Fixed-term Parliaments Act 2011 had never been enacted.

s. 2(2)

For the purposes of subsection (1), the powers relating to the calling of a new Parliament include powers to order the issue of—

s. 2(2)(a)

writs of summons to attend the House of Lords, and

s. 2(2)(b)

writs for parliamentary elections (see rule 3 in Schedule 1 to the Representation of the People Act 1983).

s. 3 — Non-justiciability of revived prerogative powers

A court or tribunal may not question—

s. 3(a)

the exercise or purported exercise of the powers referred to in section 2,

s. 3(b)

any decision or purported decision relating to those powers, or

s. 3(c)

the limits or extent of those powers.

s. 4 — Automatic dissolution of Parliament after five years

If it has not been dissolved earlier, a Parliament dissolves at the beginning of the day that is the fifth anniversary of the day on which it first met.

s. 5 — Minor and consequential amendments and savings
s. 5(1)

The Schedule contains minor and consequential amendments.

s. 5(2)

The repeal of the Fixed-term Parliaments Act 2011 by section 1 does not affect the amendments and repeals made by the Schedule to that Act.

s. 6 — Extent, commencement and short title
s. 6(1)

This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).

s. 6(2)

An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

s. 6(3)

This Act comes into force on the day on which it is passed.

s. 6(4)

This Act may be cited as the Dissolution and Calling of Parliament Act 2022.

Sch 1

Minor and consequential amendments

Sch 1 para 1 — Succession to the Crown Act 1707 (c. 41)

In section 7 of the Succession to the Crown Act 1707 (preservation of prerogative powers), after “prorogue” insert “or dissolve”.

Sch 1 para 2 — Representation of the People Act 1867 (c. 102)

In section 51 of the Representation of the People Act 1867 (continuation of Parliament on demise of the Crown), after “prorogued” insert “or dissolved”.

Sch 1 para 3 — Regency Act 1937 (c. 16)

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”.

Sch 1 para 4 — Representation of the People Act 1983 (c. 2)

The Representation of the People Act 1983 is amended as follows.

Sch 1 para 5 — Representation of the People Act 1983 (c. 2)

In section 28 (discharge of returning officer’s functions in England and Wales), after subsection (3) insert—

Sch 1 para 6 — Representation of the People Act 1983 (c. 2)

In section 76ZA (limitation of pre-candidacy election expenses for certain general elections), in subsection (3)(a), omit “or after”.

Sch 1 para 7 — Representation of the People Act 1983 (c. 2)

In section 95 (schools and rooms for parliamentary election meetings), after subsection (1) insert—

Sch 1 para 8 — Representation of the People Act 1983 (c. 2)
Sch 1 para 8(1)

Schedule 1 (parliamentary elections rules) is amended as follows.

Sch 1 para 8(2)

In rule 1, in the election timetable—

Sch 1 para 8(2)(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”;

Sch 1 para 8(2)(b)

for the entry relating to “Publication of notice of election” substitute—;

Sch 1 para 8(2)(c)

in the entry relating to “Delivery of nomination papers”—

Sch 1 para 8(2)(c)(i)

in the second column, omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;

Sch 1 para 8(2)(c)(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)”;

Sch 1 para 8(2)(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”.

Sch 1 para 8(3)

In rule 2 (computation of time)—

Sch 1 para 8(3)(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.”;

Sch 1 para 8(3)(b)

omit paragraphs (1A) and (1B);

Sch 1 para 8(3)(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.”

Sch 1 para 8(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”.

Sch 1 para 9 — Representation of the People Act 1985 (c. 50)
Sch 1 para 9(1)

Section 20 of the Representation of the People Act 1985 (demise of the Crown and parliamentary elections etc) is amended as follows.

Sch 1 para 9(2)

In subsection (1)—

Sch 1 para 9(2)(a)

after “proclamation” insert “dissolving Parliament or”;

Sch 1 para 9(2)(b)

omit “(see section 3(4) of the Fixed-term Parliaments Act 2011)”.

Sch 1 para 9(3)

In subsection (2)—

Sch 1 para 9(3)(a)

for “(6)” substitute “(6A)”;

Sch 1 para 9(3)(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”),”.

Sch 1 para 9(4)

After subsection (3) insert—

Sch 1 para 9(5)

Omit subsection (4).

Sch 1 para 9(6)

After subsection (6) insert—

Sch 1 para 9(7)

In subsection (7), for “by section 3(1) of the 2011 Act, subsections (2) to (6)” substitute “, subsections (2) to (6A)”.

Sch 1 para 10 — Scotland Act 1998 (c. 46)>

The Scotland Act 1998 is amended as follows.

Sch 1 para 11 — Scotland Act 1998 (c. 46)>

In section 2 (ordinary general elections), in subsection (2A)(a), omit “(other than an early parliamentary general election)”.

Sch 1 para 12 — Scotland Act 1998 (c. 46)>

In section 12A (power of the Secretary of State to make provision about the combination of polls)—

Sch 1 para 12(a)

in subsection (1)—

Sch 1 para 12(a)(i)

in paragraph (a), for “the elections listed in subsection (2)” substitute “parliamentary by-elections”;

Sch 1 para 12(a)(ii)

in paragraph (b), for “the elections listed in subsections (2) and (3)” substitute “parliamentary by-elections or parliamentary general elections”;

Sch 1 para 12(b)

omit subsections (2) and (3).

Sch 1 para 13 — Political Parties, Elections and Referendums Act 2000 (c. 41)

The Political Parties, Elections and Referendums Act 2000 is amended as follows.

Sch 1 para 14 — Political Parties, Elections and Referendums Act 2000 (c. 41)

In section 63 (weekly donation reports during general election period), in subsection (6)(a), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”.

Sch 1 para 15 — Political Parties, Elections and Referendums Act 2000 (c. 41)
Sch 1 para 15(1)

Section 95A (quarterly donation reports) is amended as follows.

Sch 1 para 15(2)

Omit subsection (2).

Sch 1 para 15(3)

In subsection (3)—

Sch 1 para 15(3)(a)

in paragraph (a), for “first day of a qualifying regulated period” substitute “day that is the fourth anniversary of the day on which the Parliament then in existence first met”;

Sch 1 para 15(3)(b)

in paragraph (b), omit “(or the last day) during that qualifying regulated period”.

Sch 1 para 15(4)

After subsection (3) insert—

Sch 1 para 15(5)

Omit subsections (4) and (5).

Sch 1 para 15(6)

In subsection (7), omit paragraph (a) (and the “and” immediately following it).

Sch 1 para 16 — Political Parties, Elections and Referendums Act 2000 (c. 41)

In Schedule 9 (limits on campaign expenditure)—

Sch 1 para 16(a)

in paragraph 1(3)(a), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;

Sch 1 para 16(b)

in paragraph 9(6)(b), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”.

Sch 1 para 17 — Political Parties, Elections and Referendums Act 2000 (c. 41)

In Schedule 10 (limits on controlled expenditure)—

Sch 1 para 17(a)

in paragraph 1(2)(a), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;

Sch 1 para 17(b)

in paragraph 9(6)(b), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”.

Sch 1 para 18 — Government of Wales Act 2006 (c. 32)

The Government of Wales Act 2006 is amended as follows.

Sch 1 para 19 — Government of Wales Act 2006 (c. 32)

In section 3 (ordinary general elections), in subsection (1A)(a), omit “(other than an early parliamentary general election)”.

Sch 1 para 20 — Government of Wales Act 2006 (c. 32)

In section 13A (power of the Secretary of State to make provision about the combination of polls)—

Sch 1 para 20(a)

in subsection (1)—

Sch 1 para 20(a)(i)

in paragraph (a), for “the elections listed in subsection (2)” substitute “parliamentary by-elections”;

Sch 1 para 20(a)(ii)

in paragraph (b), for “the elections listed in subsections (2) and (3)” substitute “parliamentary by-elections or parliamentary general elections”;

Sch 1 para 20(b)

omit subsections (2) and (3).

Sch 1 para 21 — Welfare Reform Act 2012 (c. 5)

In section 96A of the Welfare Reform Act 2012 (review of benefit cap)—

Sch 1 para 21(a)

in subsection (1), for “in each Parliament” substitute “every five years”;

Sch 1 para 21(b)

omit subsection (9).

Sch 1 para 22 — Electoral Registration and Administration Act 2013 (c. 6)

In section 14 of the Electoral Registration and Administration Act 2013 (extension of timetable for parliamentary elections), omit subsection (1) (amendment of section 3 of Fixed-term Parliaments Act 2011).

Sch 1 para 23 — Wales Act 2014 (c. 29)

In section 1 of the Wales Act 2014 (frequency of Assembly ordinary general elections), omit subsection (2) (amendment of section 5 of Fixed-term Parliaments Act 2011).

Sch 1 para 24 — Recall of MPs Act 2015 (c. 25)

The Recall of MPs Act 2015 is amended as follows.

Sch 1 para 25 — Recall of MPs Act 2015 (c. 25)
Sch 1 para 25(1)

Section 5 (Speaker’s notice that a recall condition has been met) is amended as follows.

Sch 1 para 25(2)

In subsection (2)(a), after “with the” insert “last possible”.

Sch 1 para 25(3)

After subsection (2), insert—

Sch 1 para 25(4)

Omit subsection (3).

Sch 1 para 26 — Recall of MPs Act 2015 (c. 25)
Sch 1 para 26(1)

Section 13 (early termination of recall petition process) is amended as follows.

Sch 1 para 26(2)

In subsection (2), for paragraphs (a) and (b) substitute “Parliament is dissolved.”

Sch 1 para 26(3)

In subsection (6), after “Speaker” insert “(or, in a case where this section applies by virtue of the first condition, the person who was the Speaker immediately before Parliament was dissolved)”.

Sch 1 para 26(4)

In subsection (9), at the beginning insert “Except in a case where this section applies by virtue of the first condition (dissolution of Parliament),”.

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Sch 1 para 27

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Sch 1 para 28

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Sch 1 para 29

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Sch 1 para 30

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Sch 1 para 31

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Sch 1 para 32 — Early Parliamentary General Election Act 2019 (c. 29)

The Early Parliamentary General Election Act 2019 is repealed.

Sch 1 para 33 — Referendums (Scotland) Act 2020 (asp 2)

In section 3 of Referendums (Scotland) Act 2020 (power to change date of referendum if UK election on same date)—

Sch 1 para 33(a)

in subsection (2), after “UK” insert “parliamentary general”;

Sch 1 para 33(b)

in subsection (7), omit the definition of “date of a UK election”.

Sch 1 para 34 — Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

In regulation 98 of the Representation of the People (England and Wales) Regulations 2001 (supply of free copy of full register for electoral purposes and restrictions on use), in paragraph (5)(a)(i), omit “in accordance with section 3(1) of the Fixed-term Parliaments Act 2011”.

Sch 1 para 35 — Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)

In regulation 97 of the Representation of the People (Scotland) Regulations 2001 (supply of free copy of full register for electoral purposes and restrictions on use), in paragraph (4)(a)(i), omit “in accordance with section 3(1) of the Fixed-term Parliaments Act 2011”.