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Dissolution and Calling of Parliament Act 2022

Sections24

Dissolution and Calling of Parliament Act 2022

2022 Chapter 11

An Act to make provision about the dissolution and calling of Parliament, including provision for the repeal of the Fixed-term Parliaments Act 2011; and for connected purposes.

Enacted [24th March 2022]
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:—

I11 Repeal of the Fixed-term Parliaments Act 2011

The Fixed-term Parliaments Act 2011 is repealed.

I22 Revival of prerogative powers to dissolve Parliament and to call a new Parliament

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.
2 For the purposes of subsection (1), the powers relating to the calling of a new Parliament include powers to order the issue of—
a writs of summons to attend the House of Lords, and
b writs for parliamentary elections (see rule 3 in Schedule 1 to the Representation of the People Act 1983).

I33 Non-justiciability of revived prerogative powers

A court or tribunal may not question—
a the exercise or purported exercise of the powers referred to in section 2,
b any decision or purported decision relating to those powers, or
c the limits or extent of those powers.

I44 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.

I55 Minor and consequential amendments and savings

1 The Schedule contains minor and consequential amendments.
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.

I66 Extent, commencement and short title

1 This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).
2 An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.
3 This Act comes into force on the day on which it is passed.
4 This Act may be cited as the Dissolution and Calling of Parliament Act 2022.

SCHEDULE 

Minor and consequential amendments

Section 5

I71 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”.

I82 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”.

I93 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”.

Representation of the People Act 1983 (c. 2)

I104The Representation of the People Act 1983 is amended as follows.
I115In section 28 (discharge of returning officer’s functions in England and Wales), after subsection (3) insert—
I126In section 76ZA (limitation of pre-candidacy election expenses for certain general elections), in subsection (3)(a), omit “or after”.
I137In section 95 (schools and rooms for parliamentary election meetings), after subsection (1) insert—
I148
1 Schedule 1 (parliamentary elections rules) is amended as follows.
2 In rule 1, in the election timetable—
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 for the entry relating to “Publication of notice of election” substitute—
;
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 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 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 omit paragraphs (1A) and (1B);
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”.

I159 Representation of the People Act 1985 (c. 50)

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 after “proclamation” insert “dissolving Parliament or”;
b omit “(see section 3(4) of the Fixed-term Parliaments Act 2011)”.
3 In subsection (2)—
a for “(6)” substitute “(6A)”;
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—
5 Omit subsection (4).
6 After subsection (6) insert—
7 In subsection (7), for “by section 3(1) of the 2011 Act, subsections (2) to (6)” substitute “, subsections (2) to (6A)”.

Scotland Act 1998 (c. 46)>

I1610The Scotland Act 1998 is amended as follows.
I1711In section 2 (ordinary general elections), in subsection (2A)(a), omit “(other than an early parliamentary general election)”.
I1812In section 12A (power of the Secretary of State to make provision about the combination of polls)—
a in subsection (1)—
i in paragraph (a), for “the elections listed in subsection (2)” substitute “parliamentary by-elections”;
ii in paragraph (b), for “the elections listed in subsections (2) and (3)” substitute “parliamentary by-elections or parliamentary general elections”;
b omit subsections (2) and (3).

Political Parties, Elections and Referendums Act 2000 (c. 41)

I1913The Political Parties, Elections and Referendums Act 2000 is amended as follows.
I2014In 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”.
I2115
1 Section 95A (quarterly donation reports) is amended as follows.
2 Omit subsection (2).
3 In subsection (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”;
b in paragraph (b), omit “(or the last day) during that qualifying regulated period”.
4 After subsection (3) insert—
5 Omit subsections (4) and (5).
6 In subsection (7), omit paragraph (a) (and the “and” immediately following it).
I2216In Schedule 9 (limits on campaign expenditure)—
a in paragraph 1(3)(a), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;
b in paragraph 9(6)(b), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”.
I2317In Schedule 10 (limits on controlled expenditure)—
a in paragraph 1(2)(a), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;
b in paragraph 9(6)(b), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”.

Government of Wales Act 2006 (c. 32)

I2418The Government of Wales Act 2006 is amended as follows.
I2519In section 3 (ordinary general elections), in subsection (1A)(a), omit “(other than an early parliamentary general election)”.
I2620In section 13A (power of the Secretary of State to make provision about the combination of polls)—
a in subsection (1)—
i in paragraph (a), for “the elections listed in subsection (2)” substitute “parliamentary by-elections”;
ii in paragraph (b), for “the elections listed in subsections (2) and (3)” substitute “parliamentary by-elections or parliamentary general elections”;
b omit subsections (2) and (3).

I2721 Welfare Reform Act 2012 (c. 5)

In section 96A of the Welfare Reform Act 2012 (review of benefit cap)—
a in subsection (1), for “in each Parliament” substitute “every five years”;
b omit subsection (9).

I2822 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).

I2923 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).

Recall of MPs Act 2015 (c. 25)

I3024The Recall of MPs Act 2015 is amended as follows.
I3125
1 Section 5 (Speaker’s notice that a recall condition has been met) is amended as follows.
2 In subsection (2)(a), after “with the” insert “last possible”.
3 After subsection (2), insert—
4 Omit subsection (3).
I3226
1 Section 13 (early termination of recall petition process) is amended as follows.
2 In subsection (2), for paragraphs (a) and (b) substitute “Parliament is dissolved.”
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)”.
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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I3332 Early Parliamentary General Election Act 2019 (c. 29)

The Early Parliamentary General Election Act 2019 is repealed.

I3433 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)—
a in subsection (2), after “UK” insert “parliamentary general”;
b in subsection (7), omit the definition of “date of a UK election”.

I3534 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”.

I3635 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”.

Footnotes

  1. I1
    S. 1 in force at Royal Assent, see s. 6(3)
  2. I2
    S. 2 in force at Royal Assent, see s. 6(3)
  3. I3
    S. 3 in force at Royal Assent, see s. 6(3)
  4. I4
    S. 4 in force at Royal Assent, see s. 6(3)
  5. I5
    S. 5 in force at Royal Assent, see s. 6(3)
  6. I6
    S. 6 in force at Royal Assent, see s. 6(3)
  7. I7
    Sch. para. 1 in force at Royal Assent, see s. 6(3)
  8. I8
    Sch. para. 2 in force at Royal Assent, see s. 6(3)
  9. I9
    Sch. para. 3 in force at Royal Assent, see s. 6(3)
  10. I10
    Sch. para. 4 in force at Royal Assent, see s. 6(3)
  11. I11
    Sch. para. 5 in force at Royal Assent, see s. 6(3)
  12. I12
    Sch. para. 6 in force at Royal Assent, see s. 6(3)
  13. I13
    Sch. para. 7 in force at Royal Assent, see s. 6(3)
  14. I14
    Sch. para. 8 in force at Royal Assent, see s. 6(3)
  15. I15
    Sch. para. 9 in force at Royal Assent, see s. 6(3)
  16. I16
    Sch. para. 10 in force at Royal Assent, see s. 6(3)
  17. I17
    Sch. para. 11 in force at Royal Assent, see s. 6(3)
  18. I18
    Sch. para. 12 in force at Royal Assent, see s. 6(3)
  19. I19
    Sch. para. 13 in force at Royal Assent, see s. 6(3)
  20. I20
    Sch. para. 14 in force at Royal Assent, see s. 6(3)
  21. I21
    Sch. para. 15 in force at Royal Assent, see s. 6(3)
  22. I22
    Sch. para. 16 in force at Royal Assent, see s. 6(3)
  23. I23
    Sch. para. 17 in force at Royal Assent, see s. 6(3)
  24. I24
    Sch. para. 18 in force at Royal Assent, see s. 6(3)
  25. I25
    Sch. para. 19 in force at Royal Assent, see s. 6(3)
  26. I26
    Sch. para. 20 in force at Royal Assent, see s. 6(3)
  27. I27
    Sch. para. 21 in force at Royal Assent, see s. 6(3)
  28. I28
    Sch. para. 22 in force at Royal Assent, see s. 6(3)
  29. I29
    Sch. para. 23 in force at Royal Assent, see s. 6(3)
  30. I30
    Sch. para. 24 in force at Royal Assent, see s. 6(3)
  31. I31
    Sch. para. 25 in force at Royal Assent, see s. 6(3)
  32. I32
    Sch. para. 26 in force at Royal Assent, see s. 6(3)
  33. I33
    Sch. para. 32 in force at Royal Assent, see s. 6(3)
  34. I34
    Sch. para. 33 in force at Royal Assent, see s. 6(3)
  35. I35
    Sch. para. 34 in force at Royal Assent, see s. 6(3)
  36. I36
    Sch. para. 35 in force at Royal Assent, see s. 6(3)
  37. F1
    Sch. paras. 27-31 omitted (29.8.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 18(5)(d), 22(2)
  38. F2
    Sch. para. 27 cross-heading omitted (29.8.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 18(5)(d), 22(2)