reform of the british state

8/9/2019 Reform of the British State

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The State ReformAct 2015

R E F O R M O F T H E U N I T E D K I N G D O M O F G R E AT

B R I TA I N A N D N O R T H E R N I R E L A N D


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I N T R O D U C T I O N

The State Reform Act2015An Act of the Parliament to provide for a Written British Constitution to become

a Federal State with separation of powers of the Executive, The Courts, The Mon-

arch and Citizens; to provide a written constitution for the Federation of the

United Kingdom of Great Britain and Northern Ireland to have effect from the

enactment of the Constitutional Reform Act 2015; to provide for the establish-

ment of a Constitutional Commission of Authority to operationalise the constitu-

tion for a Federal Parliament and providing permanently devolved Governments

for Scotland, Wales, Northern Ireland and England; and for connected purposes.

PART 1Celebration of Britishness Reform

1. On 11 November 2017, Britain will become a reformed State under the

new constitution set out in Part 2 of the Act.

2. Thereafter the enactment of 11 November 2015, there shall become a pub-

lic holiday known as Celebration of Britain Day on 11 November each year

dedicated to those whosacrificed their lives for the protection of the State and

the liberties of its citizens.

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3. From 11 November 2015, and subject to the Constitutional Reform Act

2015, and its subordinate Acts of Parliament-

1. The Constitutional reform Act 2015shall have effect,

2. The Scotland Act 2015shall have effect,

3. The Wales Act 2015shall have effect,

4. The England Act 2015shall have effect,

5. The Northern Ireland Act 2015shall effect,

6. The Immigrations Determinations Act 2015shall have effect,

7. The Health Care Reform Act 2015shall effect,

8. The Welfare and Taxation Reform Act 2015shall have effect,

9. The Representation of Communities in Public Authorities Act 2015

shall have effect.

PART 2ConstitutionSovereignty

4. In the UnitedKingdom of Great Britain and Northern Ireland, the people

are sovereign subject to the rights and responsibilities of this Act and its subor-

dinate Acts, andfor connected purposes.

Nature of Sovereignty

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5. In the United Kingdom of Great Britain and Northern Ireland, the people

have the sovereign right to self-determination and to choose freely the Federal

Government or the Devolved Government in which the reformed State is to

be constituted and how they are governed.

6. All State power and authority accordingly derives from, and is subject to,

the sovereign will of the people, and those exercising State power and author-

ity are accountable for it to the people.

7. The sovereign will of the people is expressed in the constitution and, in ac-

cordance with the constitution and laws made under it, through the peopleselected representatives, at referendums and by other means provided by law.

8. The sovereign will of the people is limited only by the constitution and by

the obligations flowing from international agreements to which the United

Kingdom of Great Britain and Northern Ireland or its Federation is or be-

comes a party on the peoples behalf, in accordance with the constitution and

international law.

Federal Constitutional Agreement

9. The reformed State shall not alter, modify or change any international

agreements to which the United Kingdom of Great Britain and Northern Ire-

land is or becomes a party on the peoples behalf, in accordance with the con-stitution and international law, unless there is full and unanimous agreement

by all the Devolved Governments of England, Scotland, Wales and Northern

Ireland.

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Equity of the Four Federal Nations

10. A written Constitution for the State is agreed by or on behalf of people of

the United Kingdom of Great Britain and Northern Ireland and shall not be

changed without at least a 75% majority of the people of United Kingdom of

Great Britain and Northern Ireland; by way of a constitutional referendum

which shall require at least a 75% majority in each of the Devolved Countries

of Scotland, Wales, England and Northern Ireland in the reformed Federal

State.

Constitutional Change

11. The Written Constitution of the reformed State shall be the subject of a ref-

erendum on 11 November 2015, upon which the Actsidentified shall have ef-

fect.

Name of the Reformed State

12. The name of the reformed State shall be formally known as the Federal

State of the United Kingdom of Great Britain and Northern Ireland and shall

continue to consist of the Lands of Scotland, England, Northern Ireland and

Wales and other territories (Federation).

13. The Federal State of the United Kingdom of Great Britain and Northern

Ireland (Untied Kingdom of Great Britain and Northern Ireland) may enter

into international agreements, and become a member of international organi-

sations, in that name subject to the Written Constitution.

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14. In accordance with international law, the territory of Untied Kingdom of

Great Britain and Northern Ireland continues to consist of all the land, is-

lands, internal waters and territorial sea that formed the territory of the re-

formed State immediately before the Constitutional Reform Act 2015was en-

acted.

15. Untied Kingdom of Great Britain and Northern Ireland is an independ-

ent, constitutional monarchy.

Form of State and Government

16. The form of Federal and Devolved governments of Untied Kingdom of

Great Britain and Northern Ireland shall be parliamentary democracy.

National Flag and Federal Flag Identity

17. The national flag of Untied Kingdom of Great Britain and Northern Ire-

land continues to be the Union Jack. Each Devolved Parliament may choose,

as it sees fit, to have a devolved flag which shall contain a smaller Union Jack

on each and every flag representing the Devolved Parliament. All public build-

ings, should they see fit, which flies a State flag shall fly the Union Jack.

Head of State

18. Her Majesty Queen Elizabeth is to be Head of State, as Queen.

19. Her Majesty is to be succeeded as Head of State (and as Queen or, as the

case may be, King) by Her heirs and successors to the Crown according to law.

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20. Her Majesty, and Her successors to the Crown, continue to enjoy all the

rights, powers and privileges which, according to law, attached to the Crown

in Untied Kingdom of Great Britain and Northern Ireland immediately be-

fore the reformed State; subject to the Written Constitution and or provisionmade by Act of the Federal Parliament ofUntied Kingdom of Great Britain

and Northern Ireland.

Legislature

21. Legislative power to make and modify the common law applied to the re-served matters of the Federal Parliament of Untied Kingdom of Great Britain

and Northern Ireland (Federal Parliament) continues to be vested in the Fed-

eral Parliament.

22. Legislative power to make and modify the law within the matters devolved

to the Devolved Parliaments continues to be vested in the Devolved Parlia-

ments.

23. The Parliaments powers are subject to the written constitution and the en-

actment of the Constitutional Reform Act 2015 and its subordinate Acts.

Executive

24. Executive power to administer and govern on reserved matters, under the

Constitutional Reform Act 2015, of the Federal Parliament of Untied King-

dom of Great Britain and Northern Ireland (Federal Parliament) continues

to be vested in the Federal Government.

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25. Executive power to administer and govern on devolved matters, under the

Constitutional Reform Act 2015 and its subordinate Acts, to the Devolved Par-

liaments continues to be vested in the Devolved Governments.

26. The Parliaments powers and Governments powers are subject to the writ-

ten constitution and the enactment of the Constitutional Reform Act 2015

and its subordinate Acts.

State accountability to the people27. The Federal Parliament and the Devolved Parliaments, and its members, as

the elected representatives of the people, are accountable to the people.

28. The Federal Government and the Devolved Governments, and its mem-

bers are accountable to the respective Parliaments and, through the Parlia-

ments as their elected representatives, to the people.

Juridicial

29. All members of the judiciary are to be independent, and free from any ex-

ternal influence or control, in carrying out their judicial functions.

Supreme Court of the Reformed State

30. There shall be a High Court of Judiciary in each of the Countries of the

reformed Federal State and is the final court of appeal in civil or criminal mat-

ters with each jurisdiction.

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31. The Supreme Court of Justiciary of Federal State of the United King-

dom of Great Britain and Northern Ireland is the final court of appeal in all

matters. Each country in the federation can refer matters to the Supreme

Court for final determination. The Supreme Court shall ensure that there is acommon judicial framework which balances and considers all matters referred

to it under the constitution of the Federal State. The act of federal reconcilia-

tion of difference in devolved laws and jurisdiction, applying the principles of

fairness, equity and accountability shall be known as British Law and the ex-

clusive jurisdiction of the Supreme Court. Acts of Federal Parliament which

have effect across the Federation will be referred to as British Law.

32. Each of those Courts is, within its respective area of competence, the Su-

preme Court. The Supreme Court shall be based in Newcastle.

33. Accordingly, no appeal lies against the decisions of the Supreme Court to

any other court or tribunal, and the decisions of the Supreme Court are not

subject to review by any other court or tribunal.

34. This section does not affect the jurisdiction of the Court of Justice of the

European Union, the European Court of Human Rights or any other court or

tribunal established under an international agreement to which the Federation

is a party.

The Rule of Law

35. The principle of the rule of law continues to apply in the four countries of

the Federation and any subsequent ruling in the Supreme Court.

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36. Every person is accordingly subject to, and must act in accordance with,

that principle.

The civil service

37. There is to be a Scottish civil administration to serve the devolved govern-

ment based in Glasgow. Further provision about the Scottish civil administra-

tion is to be made by Act of the Scottish Parliament.

38. There is to be a Northern Ireland civil administration to serve the devolved

government to be based in Derry. Further provision about the Northern Ire-

land civil administration is to be made by Act of the Northern Ireland Parlia-

ment.

39. There is to be an English civil administration to serve the devolved govern-

ment to be based in Manchester. Further provision about the English civil ad-ministration is to be made by Act of the English Parliament.

40. There is to be a Welsh civil administration to serve the devolved govern-

ment to be based in Swansea. Further provision about the Welsh civil admini-

stration is to be made by Act of the Welsh Parliament.

41. There is to be a Federal civil administration to serve the Federal Govern-

ment to be based in Wolverhampton and its functions are constitutionally lim-

ited to reserved matters. Further provision about the Federal civil administra-

tion is to be made by Act of the Federal Parliament.

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42. All members of the civil administrations are to act with integrity, honesty,

objectivity and impartiality.

National Health Service

43. There shall be a National Health Service freeat the point of use governed

by a Federal NHS Constitution. Devolved Governments and subordinate re-

gional governments shall be responsiblefor the delivery of the National

Health Service Constitution following the enactment of the Health Care Re-

form Act 2015.

Regional (local) government

44. There is to be Regional government in Scotland, England, Wales and

Northern Ireland and this shall replace local government. The new Regional

governments may locally be regarded by whatever term the Devolved Parlia-

ments so choose. The following Acts shall limit the form, performance and

function of Regional Governments:

1. The Constitutional reform Act 2015shall have effect,

2. The Scotland Act 2015shall have effect,

3. The Wales Act 2015shall have effect,

4. The England Act 2015shall have effect,

5. The Northern Ireland Act 2015shall effect,

6. The Immigrations Determinations Act 2015shall have effect,

7. The Health Care Reform Act 2015shall effect,

8. The Welfare and Taxation Reform Act 2015shall have effect,

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9. The Representation of Communities in Public Authorities Act 2015

shall have effect.

45. Regional government is to be administered by Regional Executives which

have autonomy over the carrying out of their functions.

46. Each Regional government is to represent and promote the social and eco-

nomic interests of the people living within the local area.

47. The members of each Regional Government are to be elected in accor-dance with law

(a) directly by people living within the defined Regional area,

(b) at elections to be held at intervals of not more than 5 years.

48. In this section, the Regional area means the area for which the Regional

Government is the executive.

British citizenship

49. The following people automatically hold British citizenship, namely

(a) all those who, immediately before the enactment of the Constitutional Re-

form Act 2015, hold British citizenship andeither

(i) are habitually resident in the Federation at that time, or

(ii) are not habitually resident in the Federation at that time but were born in

Federation,

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(b) any person born in the Federation on or after the enactment of the Consti-

tutional Reform Act 2015 if either of the persons parents, at the time of the per-

sons birth (i) holds Federation citizenship, or either of the persons parents, at

the time of the persons birth, holds Federation citizenship, and (ii) the persons

birth is registered in the Federation.

50. A person holding Federation citizenship may also hold other nationalities

or citizenships at the same time.

51. Further provision about entitlement to Federation citizenship is to be made

by Act of the Federal Parliament, and prescribed means prescribed by or un-der such an Act. Such an Act may, in particular, include provision supplement-

ing, qualifying or modifying the provision in this section according to the con-

stitution.

International Relations and Foreign Policy

52. In conducting its international relations and in determining its foreign pol-

icy, the Federation will

(a) observe, and promote respect for, international law,

(b) promote the Federations values and best interests,

(c)

promote international peace, justice and security,

(d) promote friendly relations among States and nations.

International organisations

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53. The Federal Government may take whatever steps it considers appropriate

to secure that the Federation maintains membership of any international or-

ganisation.

Ratification of international agreements

54. International agreements to which the Federation becomes a signatory are

not to be ratified on behalf of Scotland, England, Wales and Northern Ireland

or otherwise to bind the Federation, unless

a) the Federal Government has laid a copy of the agreement before the Scot-

tish, English, Welsh and Northern Ireland Parliaments in accordance with the

constitution, and

b)

the Devolved Parliaments has approved the agreement in accordance with

such procedure as the Devolved Parliaments and Federal Parliament may deter-mine within the Constitution.

55. That does not apply to any international agreement ratified in relation to

the Federation before the Constitutional Reform Act 2015 and by which the

Federation, as Reformed State, continues to be bound on or after such an en-

actment in accordance with international law.

Incorporation of International Agreements

56. International agreements to which the Federation is a party do not by them-

selves have direct effect in British Law.

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57. Such agreements take direct effect in British Law only to the extent pro-

vided by Act of the Federal Parliament.

Incorporation of European Law

58. Directly effective EU law forms part of British law.

British law is of no effect so far as it is inconsistent with EU law. In this sec-tion

EU law means

(1) all those rights, powers, liabilities, obligations and restrictions from time to

time created or arising by or under the EU Treaties, and

(2) all those remedies and procedures from time to time provided for by or un

der those Treaties,

59. EU law is directly effective if, in accordance with the EU Treaties, it is to be

given legal effect or used in the Federation without further enactment.

European Citizenship

60. A person holding British citizenship is also, in accordance with Article 20.1

of the Treaty on the Functioning of the European Union, a citizen of the

European Union.

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Respect for Human Rights

61. Every person has the rights and fundamental freedoms set out in the Euro-

pean Convention on Human Rights.

62. British law is of no effect so far as it is incompatible with those rights and

fundamental freedoms.

63. The Federal and Devolved Government and public authorities must, in car-

rying out their functions, respect and comply with those rights and freedoms.

References to the European Convention on HumanRights

64. The references in section 26 to the rights and fundamental freedoms set out

in the European Convention on Human Rights are to the rights and funda-

mental freedoms set out in

1. Articles 2 to 12 and 14 of the Convention,

2. Articles 1 to 3 of the First Protocol to the Convention, agreed at Paris

on 20 March 1952,

3. Article 1 of the Thirteenth Protocol to the Convention, agreed at Vil-nius on 3 May 2001,

as read with Articles 16 to 18 of the Convention.

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65. Those rights and freedoms have effect for the purposes of this Act as they

have effect for the time being in relation to the Federation.

66. In this section, the Convention means the Convention for the Protection

of Human Rights and Fundamental Freedoms, agreed by the Council of

Europe at Rome on 4 November 1950.

Part 3Equality67. Every person in the Federation is equal before the law and has equal entitle-

ment to its protection and benefit.

68. Every person is entitled to be treated

(a) with respect regardless of status or personal characteristics,

(b) without unfair discrimination on the basis of personal characteristics.

69. The Federal and Devolved Governments and public authorities must, in

carrying out their functions, seek to promote and secure equality of opportu-nity for every person in the Federation regardless of personal characteristics.

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70. In this section, the references to personal characteristics include (as well as

other characteristics)

1. age,

2. disability,

3. gender reassignment,

4. marriage or civil partnership,

5. pregnancy or maternity,

6. race,

7. religion or belief,

8. sex,

9. sexual orientation,

10. social and economic poverty.

71. Discrimination of any citizen as a result of any of the above characteristics

shall be unlawful and unconstitutional. There shall be no justification for anyact of discrimination of a citizen with such characteristics.

Childrens wellbeing

72. The Federal and Devolved Governments and public authorities must, in

carrying out their functions, seek to safeguard, support and promote the well-

being of the children of the Federation. In subsection (1), children are peo-

ple who have not attained the age of 18 years.

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Rural and Island Communities

73. The Federal and Devolved Governments must, in carrying out its func-

tions, take account of the particular needs of rural and island communities,having special regard to the distinctive geographical characteristics of each of

the areas inhabited by those communities.

The environment

74. Every person is entitled to live in a healthy environment.

75. Accordingly, and in recognition of the importance of the environment to

the people of the Federation, the Federal and Devolved Governments and pub-

lic authorities must, in carrying out their functions, seek to protect and en-

hance the quality of the environment. In particular, they must seek to pro-

mote (a) the conservation of biodiversity, (b) measures to tackle climate

change.

Natural resources

76. The Federations natural resources are to be used in a manner which is(a)

best calculated to be sustainable, and (b) of economic, social, environmentalor other benefit to the people of Scotland, England, Wales and Northern Ire-

land in accordance with the constitution.

Permanent Constitution

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77. The Federal Parliament must, as soon as the enactment of the Constitu-

tional Reform Act 2015, make provision by Act of the Parliament for the estab-

lishment of an independent Constitutional Commission of Authority to be

charged with the task of enacting the following subordinate legislation on be-half of the people of the Federation:

1. The Constitutional reform Act 2015shall have effect

2. The Scotland Act 2015shall have effect

3. The Wales Act 2015shall have effect

4. The England Act 2015shall have effect

5. The Northern Ireland Act 2015shall effect

6. The Immigrations Determinations Act 2015shall have effect

7. The Health Care Reform Act 2015shall effect

8. The Welfare and Taxation Reform Act 2015shall have effect

9. The Representation of Communities in Public Authorities Act 2015shall have effect.

78. The Constitutional Reform Act 2015 must include provision for the Consti-

tutional Commission of Authority tobe established, with legal powers, fi-

nance, resourcesand to begin its task, assoon as possible after the Act is en-

acted.

79. The Act must also include provision about (a) the membership of the

Commission of Authority, (b) the funding of, and administrative support for,

the Authority, (c) the time by which the Authority is to complete its task, free

from the direction or control of the Federal Government or any of its mem-

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bers, and Federal or Devolved Parliaments in existence prior to the Act or its

members.

Part 4

Continuity of laws

80.

The laws that are in effect in Federation and Devolved Parliaments imme-

diately before enactment of the Constitutional Reform Act 2015 are to con-

tinue to have effect on and after enactment unless and until they are (a) re-

pealed or modified by Act of the Federal Parliament or subordinate legislation,

or (b) otherwise modified by operation of law.

81. Following enactment, all law shall be subject to British Law and that is sub-ject to the constitution.

82. The laws referred to include any law, whether contained in a rule of law, an

Act of the Federal Parliament, its predecessors, an Act of the Parliament of

the United Kingdom, an Act of the Parliaments of Scotland passed before the

Constitutional Reform Act 2015 or in 1707, subordinate legislation, a preroga-

tive instrument or any other instrument or document having the effect of law.

83. The House of Lords shall be abolished.

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Part 5

Commencement84. The Constitutional Reform Act 2015 shall be enacted on 11 November

2017 and this day shall be a public holiday known as Celebration of British-

ness Day and each year thereafter on the same day.

Short Title

85. The short title of this Act is the State Reform Act 2015.

END

reform of the british state

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