This is the second of a two-part discussion of this theme. The first part addressed the obligations under the Benn Act and the legal response to attempts to frustrate it; this second part addresses non-confidence motions, resignation and change of Government. Heading numbering is continued from Part 1.
5. Non-confidence procedure under the FTPA – the PM ‘squats’
Section 2 of the FTPA provides for an early election if a motion in the words ‘That this House has no confidence in Her Majesty’s Government” is passed in the Commons and another in the form ‘That this House has confidence in Her Majesty’s Government.’ does not pass within fourteen calendar days. In its 2010 Report (HL Paper 69) on the Fixed-term Parliaments Bill, the Constitution Committee concluded at [121] that the provision ‘does make it clear that an alternative government can be formed.’ The Explanatory Note to section 2(3) simply states…
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Utopia, you are standing in it! 
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