If Theresa May resigns as Prime Minister a general election must be held.

The people must decide the future of this country not a political party

The Fixed-term Parliaments Act 2011 (“the Act”) introduced, for the first time, fixed-term elections to Parliament meaning an election must be held five calendar years on from the polling day for the previous parliamentary general election. The next general election is due to take place on the 5 May 2022.

Prior to the passage of the Act it was within the gift of the Prime Minister to call a general election. This drove significant speculation over the date of the next general election. The creation of five-year parliamentary terms provides a set period of time for which Parliament shall meet, and members of Parliament shall hold office, before the next general election takes place.

As a result of the Fixed-term Parliaments Act 2011, the Prime Minister can no longer exercise the traditional prerogative power to dissolve Parliament and unilaterally call an early general election. However, as in 2017, the Prime Minister can seek an early general election by tabling a motion “That there shall be an early parliamentary general election”. The motion must secure a two-thirds majority of all MPs in the House of Commons to have effect.

An early general election can also take place if the House of Commons passes a motion of no confidence which conforms to the wording set out in the Fixed-term Parliaments Act, namely “That this House has no confidence in Her Majesty’s Government” and no subsequent motion of confidence is passed within 14 days. It is convention the Government will give time to debate a motion of no confidence when it is tabled by the Leader of the Official Opposition, as occurred earlier this year when the House of Commons confirmed its confidence in the Government by a clear majority.

Cabinet Office.