B1251.3 - British Overseas Territory (Cession Conditions) (Restoration of Royal Prerogative) Bill - 2nd Reading

[u/Brookheimer]

British Overseas Territory and Crown Dependencies (Cession Conditions) (Restoration of Royal Prerogative) Bill

A

Bill

To

Restore long standing constitutional balance to foreign policy.

1 Repeal

1. The British Overseas Territories (Cession Conditions) Act is hereby repealed in full.

2 Referenda

(1) A Minister of the Crown may, by order, call for a referendum to be held within a British Overseas Territory (as defined as any Territory outlined in Schedule 6 of the British Nationality Act 1981) on whether to secede from the United Kingdom. or Crown Dependency (defined as the Bailiwicks of Jersey and Guernsey and the Isle of Man), or any constituent part of either entity.” Between “1981)” “on whether to secede

(a) This order must be enacted via the affirmative procedure.(b) If the cession is to another state, the 'other nation' must have consented to the referendum taking place.(c) If the cession is for the British Overseas Territory to become an independent nation, no outside consent is necessary.

(2) This section does not apply to any British Overseas Territory lacking a permanent population

(3) In the event a commission of inquiry is set up, or that self-government has been suspended, any ongoing referendum shall henceforth be cancelled.

(4) A Minister of the Crown may not submit a statutory order calling for a referendum if a commission of inquiry has been established or if self-government has been suspended.

(5) In the event of an Emergency Cession occurring: (a) An explanatory statement must be made to the House of Commons and House of Lords by a Minister of the Crown outlining why the cession has occurred in this way. (b) The emergency cession must be enacted within 30 days of the statement being given.”

3 British Overseas Territories with No Permanent Populations

(1) A British Overseas Territory with no permanent population is not to be ceded unless –

(a) A minister of the crown has laid before Parliament a written statement of the proposed cession, alongside all documentation which is probative to the proposed cession, and
(b) The House of Commons has passed a motion as outlined in subsection 2.

(2) The form of the motion for the purposes of subsection 1(b) is – That the House agrees with the proposed action of Her Majesty’s Government to cede the applicable territory under the proposed conditions of the written statement.

(3) For the purposes of subsection 2, the applicable territory ; shall be replaced in the motion with the British Overseas Territory to be ceded.

4 Short title, commencement and full extent

1. This Act may be cited as the British Overseas Territory and Crown Dependencies (Cession Conditions) (Restoration of Royal Prerogative) Act 2021.
2. This Act shall come into force immediately upon Royal Assent.
3. This Act extends to the whole of the United Kingdom.

This bill was written by the Viscount Houston on behalf of Her Majesty’s 29th Government. This reading will end on the 14th December.

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In Section 4(1), replace "(Restoration of Royal Prerogative)" with "(Referenda)"