MHoC Bill Archive

B1235 Recall of MPs (By Constituent Demand) Bill

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**A** **BILL** **TO** Amend the Recall of MPs Act 2019 with provisions for recalling an MP if demanded by petition, to amend the provisions within the 2019 act that pertain to the replacement of a recalled MP, and for connected purposes. *BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—* **Section 1: Amendments** (1) In section 3 of the Recall of MPs Act 2019, insert the following between subsection 1 and 2: >(1A) The Petition Officer will additionally be obliged to open a special petition for the recall of an MP if at least 5% of the electorate in the MP’s constituency submits a signed appeal demanding so, of which at least 15 people have supplied a deposit of £100. (1B) If a Special Recall petition is successful, sums equivalent to the deposits are returned to the signatories of the appeal. Otherwise, all deposits are paid to the Treasury. (2) In section 3 of the Recall of MPs Act 2019, replace subsection 2 with the following: >(2) Once the petition officer has opened the recall petition it shall be open for a period of 8 weeks. If at least 10% of the electorate in the constituency signs the petition, the MP will be **deprived of their seat.** (4) In section 3 of the Recall of MPs Act 2019, insert the following after subsection 2: >(2A) Once the petition officer has opened the Special Recall petition it shall be open for a period of 12 weeks. If at least 15% of the electorate in the constituency signs the petition, the MP will be deprived of their seat. (2B) Subsection 2C applies if–     (a) an MP is deprived of their seat as per the provisions of either subsections 1A and 2A or subsection 2,     (b) that MP is a List MP, and     (c) there are remaining eligible candidates on the list of candidates from which the MP was elected (2C) Upon an MP being deprived of their seat as per either subsection 2 or subsections 1A and 2A, and if the conditions of subsection 2B are fulfilled, the deprived MP's seat will go to next eligible candidate on the list from which that MP was originally elected. (2E) Upon an MP being deprived of their seat as per either subsection 2 or subsections 1A and 2A, and if the conditions of subsection 2B are NOT fulfilled,, a by-election will be triggered in the constituency. The recalled MP is eligible to stand in this by-election. (3) In section 4 of the 2019 Act, add the following: >(2) A Special Recall petition, as described in section 3(1A), 3(1B) and 3(2A) of this act, shall be terminated only if the MP’s seat is made vacant or if a general election is held within 6 months. In both of these cases, sums equivalent to the deposits are returned to signatories of the appeal. **Section 2: Extent, commencement, and short title** (1) This Act shall extend across United Kingdom of Great Britain and Northern Ireland. (2) This Act shall come into force immediately after receiving Royal Assent. (3) This Act may be cited as the Recall of MPs (By Constituent Demand) Bill 2021.