18Power for Parliament to alter this Act

18 Power for Parliament to alter this Act

S. 18(1) amended by No. 2/2003 s. 17(1).

(1) Subject to this section, the Parliament may by any Act repeal alter or vary all or any of the provisions of this Act and substitute others in lieu thereof.

S. 18(1A) inserted by No. 2/2003 s. 17(2).

(1A) In this section—

referendum means a referendum conducted in accordance with Part 9A of the Electoral Act 2002;

special majority means 3/5ths of the whole number of the members of the Assembly and of the Council respectively.

S. 18(1B) inserted by No. 2/2003 s. 17(2).

(1B) It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—

(a) this subsection or subsection (1A), (1BA), (1C) or (3); or

(b) Subdivision 1 of Division 5 of Part II; or

(c) Subdivision 2 of Division 5 of Part II; or

(d) Subdivision 1 of Division 6 of Part II; or

(e) Subdivision 2 of Division 6 of Part II; or

(f) Subdivision 3 of Division 6 of Part II; or

(g) section 41; or

(h) Division 9 of Part II; or

(i) Division 9A of Part II; or

(j) Part IIA; or

(k) section 75(1); or

(l) Part IIIA; or

(m) Part IV; or

(n) Division 3 of Part V; or

(o) Part VA; or

(p) any provision substituted for any provision specified in paragraphs (a) to (o)—

may be repealed, altered or varied unless the Bill has been passed by the Assembly and the Council and approved by the majority of the electors voting at a referendum.

S. 18(1BA) inserted by No. 2/2003 s. 17(2).

(1BA) For the purposes of subsection (1B), a provision of a Bill is not to be taken to repeal, alter or vary Part IIA unless the Bill expressly refers to that Part in, or in relation to, that provision and expressly, and not merely by implication, states an intention to repeal, alter or vary Part IIA.

S. 18(1C) inserted by No. 2/2003 s. 17(2).

(1C) A Bill to which subsection (1B) applies must be submitted to a referendum on a day not sooner than 59 days after the Bill has been passed by the Assembly and the Council.

S. 18(2) amended by Nos 9254 s. 2(b), 35/1991 s. 5(1), 62/1999 s. 10, 53/1999 s. 4, substituted by No. 2/2003 s. 17(2), amended by No. 37/2003 s. 4(1)(d).

(2) It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—