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Government Transition Act 2018


[Passed 8-2. Royal Assent: 18 May 2018]

An Act to provide for the orderly transition of Government after elections.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords and Burgesses in this present Parliament assembled, and by the authority of the same, as follows:

1. SHORT TITLE

This act may be cited for all purposes as “Government Transition Act 2018.”

2. REGULATING THE TRANSFER OF POWER FROM ONE GOVERNMENT TO ANOTHER

A. After the result of an election is known and a citizen receives a plurality of votes, His Majesty may invite that citizen to form a Government in His name at His Majesty’s pleasure at a time of His Majesty’s choosing.

B. The outgoing Prime Minister and Prime Minister-elect may advise His Majesty on a date for His Majesty to formally extend the invitation to form a Government. This advice shall not constrain His Majesty’s power to extend this invitation at a time of His own choosing.

C. The incumbent Government shall endure until the moment the new Prime Minister is invited by the Sovereign to form a Government and the new Prime Minister accepts the invitation at which point the previous Government shall immediately dissolve.

D. In the event that a Prime Minister shall be re-elected, the previous Government will endure until the moment the Prime Minister is invited to again form a Government and accepts that invitation at which point the previous Government shall immediately dissolve.

3. CONFORMING AMENDMENTS TO THE FIXED TERM PARLIAMENTS ACT

A. Section D.1 of the Fixed Term Parliaments Act is hereby amended to read, “His Majesty shall, at his pleasure, retain the Government (or the last Government) formed during the previous Parliament until the moment which the Sovereign extends an invitation to form a Government which is accepted by the Prime-Minister elect, at which point the said Government shall automatically dissolve.


4. COMMENCEMENT

This legislation and all the provisions therein shall come into force upon receiving the Royal Assent.

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