Statement by the Maltese EU Presidency on the situation in and around Ukraine
The Fixed-term Parliaments Act 2011 is repealed.
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.
For the purposes of subsection (1), the powers relating to the calling of a new Parliament include powers to order the issue of—
writs of summons to attend the House of Lords, and
writs for parliamentary elections (see rule 3 in Schedule 1 to the Representation of the People Act 1983).
A court or tribunal may not question—
the exercise or purported exercise of the powers referred to in section 2,
any decision or purported decision relating to those powers, or
the limits or extent of those powers.
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.
The Schedule contains minor and consequential amendments.
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.
This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).
An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.
This Act comes into force on the day on which it is passed.
This Act may be cited as the Dissolution and Calling of Parliament Act 2022.
Section 5
In section 7 of the Succession to the Crown Act 1707 (preservation of prerogative powers), after “prorogue” insert “or dissolve”.
The Government of Wales Act 2006 is amended as follows.
In section 3 of Referendums (Scotland) Act 2020 (power to change date of referendum if UK election on same date)—
in subsection (2), after “UK” insert “parliamentary general”;
in subsection (7), omit the definition of “date of a UK election”.
In section 3 (ordinary general elections), in subsection (1A)(a), omit “(other than an early parliamentary general election)”.
In section 13A (power of the Secretary of State to make provision about the combination of polls)—
in subsection (1)—
in paragraph (a), for “the elections listed in subsection (2)” substitute “parliamentary by-elections”;
in paragraph (b), for “the elections listed in subsections (2) and (3)” substitute “parliamentary by-elections or parliamentary general elections”;
omit subsections (2) and (3).
The Scotland Act 1998 is amended as follows.
In section 51 of the Representation of the People Act 1867 (continuation of Parliament on demise of the Crown), after “prorogued” insert “or dissolved”.
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).
In section 2 (ordinary general elections), in subsection (2A)(a), omit “(other than an early parliamentary general election)”.
In section 12A (power of the Secretary of State to make provision about the combination of polls)—
in subsection (1)—
in paragraph (a), for “the elections listed in subsection (2)” substitute “parliamentary by-elections”;
in paragraph (b), for “the elections listed in subsections (2) and (3)” substitute “parliamentary by-elections or parliamentary general elections”;
omit subsections (2) and (3).
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”.
The Early Parliamentary General Election Act 2019 is repealed.
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”.
The Representation of the People Act 1983 is amended as follows.
In section 28 (discharge of returning officer’s functions in England and Wales), after subsection (3) insert—
In section 76ZA (limitation of pre-candidacy election expenses for certain general elections), in subsection (3)(a), omit “or after”.
In section 95 (schools and rooms for parliamentary election meetings), after subsection (1) insert—
Schedule 1 (parliamentary elections rules) is amended as follows. In rule 1, in the election timetable— In rule 2 (computation of time)— 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”.
Section 20 of the Representation of the People Act 1985 (demise of the Crown and parliamentary elections etc) is amended as follows. In subsection (1)— In subsection (2)— After subsection (3) insert— Omit subsection (4). After subsection (6) insert— In subsection (7), for “by section 3(1) of the 2011 Act, subsections (2) to (6)” substitute “, subsections (2) to (6A)”.
The Political Parties, Elections and Referendums Act 2000 is amended as follows.
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).
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”.
Section 95A (quarterly donation reports) is amended as follows. Omit subsection (2). In subsection (3)— After subsection (3) insert— Omit subsections (4) and (5). In subsection (7), omit paragraph (a) (and the “and” immediately following it).
In Schedule 9 (limits on campaign expenditure)—
in paragraph 1(3)(a), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;
in paragraph 9(6)(b), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”.
In Schedule 10 (limits on controlled expenditure)—
in paragraph 1(2)(a), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”;
in paragraph 9(6)(b), omit “by section 3(1) of the Fixed-term Parliaments Act 2011”.
In section 96A of the Welfare Reform Act 2012 (review of benefit cap)—
in subsection (1), for “in each Parliament” substitute “every five years”;
omit subsection (9).
The Recall of MPs Act 2015 is amended as follows.
Section 5 (Speaker’s notice that a recall condition has been met) is amended as follows. In subsection (2)(a), after “with the” insert “last possible”. After subsection (2), insert— Omit subsection (3).
Section 13 (early termination of recall petition process) is amended as follows. In subsection (2), for paragraphs (a) and (b) substitute “Parliament is dissolved.” 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)”. 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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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”.
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omit subsection (8);
in subsection (10), for the words from “an early” to “2011” substitute “a parliamentary general election is to take place”.
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in subsection (8), for the words from “an early” to “2011” substitute “a parliamentary general election is to take place”;
in subsection (10)(b), for “before the dissolution of Parliament” substitute “no later than three months after the commencement of the new Parliament”;
omit subsection (11).
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