Dissolution and Calling of Parliament Act 2022

The Dissolution and Calling of Parliament Act 2022 (c. 11) serves as legislation that alters the framework governing the dissolution of Parliament and the procedures for calling new elections. This Act focuses on several key points, including the repeal of the Fixed-term Parliaments Act 2011, the revival of prerogative powers regarding Parliament’s dissolution, and the establishment of guidelines for the automatic dissolution of Parliament after five years.

Contents of the Act

The primary sections of the Act include:

Repeal of the Fixed-term Parliaments Act 2011: This section formally repeals the 2011 Act and reinstates the previous practices surrounding the dissolution of Parliament.
Revival of Prerogative Powers: The Act restores the prerogative powers that allow for the dissolution of Parliament and the calling of a new Parliament, effective as if the Fixed-term Parliaments Act had never been implemented.
Non-justiciability of Revived Prerogative Powers: Courts are prohibited from questioning the exercise of these powers or any decisions related to them, ensuring that political decisions regarding Parliament’s dissolution remain non-judicial.
Automatic Dissolution of Parliament: Unless dissolved sooner, Parliament will automatically dissolve at the beginning of the fifth anniversary of its first meeting.
Minor and Consequential Amendments: The Act includes various minor amendments to existing legislations affected by the repeal.
Extent, Commencement, and Short Title: The Act applies to England, Wales, Scotland, and Northern Ireland, commencing on the date of enactment and cited as the Dissolution and Calling of Parliament Act 2022.

Details of Key Provisions

1. Repeal of the Fixed-term Parliaments Act 2011

This repeal restores the prior system whereby the Prime Minister could request the dissolution of Parliament at any time, thus ending the five-year cycle stipulated in the 2011 Act.

2. Revival of Prerogative Powers

The Act re-establishes the powers that were available to dissolve Parliament before the Fixed-term Parliaments Act came into force. Specifically, this includes:

Issuing writs of summons to the House of Lords.
Ordering parliamentary elections in accordance with previously established electoral laws.

3. Non-justiciability

Courts cannot challenge the decisions made under these revived prerogative powers, thereby maintaining the legislative and executive balance of power.

4. Automatic Dissolution

Parliament will be automatically dissolved after five years if not addressed through earlier dissolution, a detail that reinforces the accountability of Parliament to its term limits.

5. Minor and Consequential Amendments

The Act includes alterations to various other laws that were impacted by the Fixed-term Parliaments Act, ensuring consistency across legislative texts.

6. Extent and Commencement

The Act operates throughout the United Kingdom and takes effect immediately upon passing, ensuring its provisions are applicable without delay.

Conclusion

The Dissolution and Calling of Parliament Act 2022 fundamentally changes the dissolution process of Parliament, returning to the prerogative powers previously held by the monarch and the Prime Minister, and reinforces the traditional timing around elections and parliamentary sessions. This Act simplifies and clarifies the procedures for parliamentary dissolution and elections while minimizing judicial involvement, restoring a measure of political discretion to the governing powers.

References and Further Reading

Explanatory notes on the Act are available separately for a deeper understanding of its intricacies and implications on UK parliamentary law.

Dissolution and Calling of Parliament Act 2022 Overview

Dissolution and Calling of Parliament Act 2022 Overview