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Coming Down the Legislative Track - More Power for the Inner Clique in the Johnson Regime Cabinet.

February 12, 2022 8:34 AM
Henry VIIIA BILL 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.
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:-
1 Repeal of the Fixed-term Parliaments Act 2011
The Fixed-term Parliaments Act 2011 is repealed
2 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).
3 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.
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.
5 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.
6 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(2) An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.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 2021.
The necessary amendments to the Crown Act 1707, Regency Act 1937, Representation of the People Acts of 1867, 1983, 1985, Scotland Act 1998, PPERA 2000 and many others are inserted these earlier acts to allow for BOTH prorogation AND dissolution.
Parliament consists of up to 5 Sessions, each usually starting at the State Opening of Parliament in the Spring or following a General Election. Prorogation brings a Session to an end, but another Session could commence after the another State Opening. Dissolution, on the other hand, brings a Parliament to an end and must be followed by a General Election.
Adjournment consists of suspension of activity for a specified time or (unspecified) sine die, though presumably only to the end of the current Session.
Note that under this act, the revived prorogation powers, the way or extent of their exercise, or decisions taken MAY NOT BE QUESTIONED by any court or tribunal.
During prorogation no Primary Legislation may be enacted but the PM and Cabinet can continue with "Secondary Legislation". This is also referred to as "Statutory Instruments" (SI). This is a generic term used for Orders, Regulations, Rules, Codes etc. They are also referred to as subordinate, subsidiary or delegated legislation. They are generally made by Goverment Ministers under under powers delegated by Parliament and about 3,500 are made each year.
So what do you think about this? It is said that this legislation, when enacted, could give the PM more powers than anyone else since Henry VIII.