Hate Monitor Report, August 2016
In the Representation of the People Act 1983 (“the 1983 Act”) Schedule 1 (parliamentary elections rules) shall be amended as follows.
The following shall be inserted after rule 37(1) (ballot paper to be delivered to voter on application)—
The following shall be inserted after rule 38(1) (incapacitated voter’s vote to be marked on ballot paper on application)—
The following shall be inserted after rule 39(2) (blind voter to be allowed assistance of companion on application)—
The following shall be inserted after rule 40(1) (person entitled to mark tendered ballot paper after another has voted)—
The following shall be inserted after rule 40(4)—
Schedule 1 to the 1983 Act shall be further amended as mentioned in subsections (2) to (4).
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The following minor amendments shall be made—
in rule 37(1) for “A” there shall be substituted “ Subject to paragraphs (1A) to (1G) below, a ”;
in rule 38(1) for “The” there shall be substituted “ Subject to paragraph (1A) below, the ”;
in rule 39(2) for “If” there shall be substituted “ Subject to paragraph (2A) below, if ”.
After rule 40 there shall be inserted—40A
The following shall be inserted after section 61(6) of the 1983 Act (voting offences)—
A person commits an offence if, on the day of or the day next preceding the poll for a parliamentary election, he has possession of a document to which this section applies, with the intention of committing or of enabling another person to commit the offence of personation at the election.
This section applies to—
a document which is not, but purports to be, a specified document within the meaning of rule 37 of the parliamentary elections rules on Schedule 1 to the 1983 Act, and
a specified document within the meaning of that rule which either falsely bears the name of the person in possession or does not bear that name.
If a constable has reasonable grounds for suspecting that a person has possession of a document in contravention of subsection (1), the constable may—
search that person, and detain him for the purpose of searching him;
search any vehicle in which the constable suspects that the document may be found, and for that purpose require the person in control of the vehicle to stop it;
seize and retain, for the purpose of proceedings for an offence under subsection (1), any document found in the course of a search if there are reasonable grounds for suspecting that it is a document to which this section applies.
If a resident magistrate is satisfied by complaint on oath that there are reasonable grounds for suspecting that a person has possession on any premises of a document in contravention of subsection (1), he may grant a warrant authorising any constable—
to enter, if need be by force, the premises named in the warrant,
to search the premises and any person found there, and
to seize and retain, for the purpose of proceedings for an offence under subsection (1), any document found in the course of the search if there are reasonable grounds for suspecting that it is a document to which this section applies.
A person commits an offence if he—
intentionally obstructs a constable in the exercise of his powers under this section, or
conceals from a constable acting in the exercise of those powers any document to which this section applies.
A constable may arrest without warrant a person who has committed or whom the constable has reasonable grounds for suspecting to have committed, an offence under subsection (1) or (5) if—
he has reasonable grounds for believing that that person will abscond unless arrested,
the name and address of that person are unknown to, and cannot be ascertained by, him, or
he is not satisfied that a name and address furnished by that person as his name and address are true.
A person is guilty of a corrupt practice if he commits or aids, abets, counsels or procures the commission of an offence under subsection (1); and the provisions of the 1983 Act relating to corrupt practices shall apply in such a case, but reading for the words “one year” in section 168(1)(a)(ii) (penalty on indictment) the words “two years”.
A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (as provided by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984) or to imprisonment for a term not exceeding 6 months or to both.
A prosecution shall not be instituted in respect of an offence under subsection (1) except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
In this section—
“premises” includes any place and, in particular, includes any movable structure, and
“premises” includes any place and, in particular, includes any movable structure, and
“vehicle” means a vehicle intended or adapted for use on land (however propelled, and including a caravan or other vehicle intended or adapted to be drawn).
“vehicle” means a vehicle intended or adapted for use on land (however propelled, and including a caravan or other vehicle intended or adapted to be drawn).
The provisions of the Representation of the Peoples Acts stating who is entitled to vote at parliamentary elections shall have effect subject to the provisions contained in the parliamentary elections rules by virtue of sections 1 and 2 above.
Without prejudice to the generality of section 38(1) of the Northern Ireland Constitution Act 1973 (power by Order in Council to provide for local authority elections, but not the franchise) an Order in Council under it may contain provisions corresponding to any of those of sections 1 to 3 of this Act; and in section 38(1)(a) the words “(but not the franchise)”, and the Electoral Law Act (Northern Ireland) 1962, shall have effect subject to that.
Without prejudice to the generality of section 2(5) of the Northern Ireland Assembly Act 1973 (power to make by order provision concerning elections to Assembly, including provision as to franchise) any order under it may contain provisions corresponding to any of those of sections 1 to 3 of this Act.
Paragraph 2(1) of Schedule 1 to the European Parliamentary Election Act 1978 (person entitled to vote if he would be entitled at parliamentary or local election) shall have effect subject to anything in regulations under paragraph 2 (conduct of elections) which applies or corresponds to any of the provisions of sections 1 to 3 of this Act; but otherwise those provisions, and any provision corresponding to any of them, shall be ignored in construing paragraph 2(1).
Any increase attributable to this Act in the sums to be paid out of, or charged on and paid out of, the Consolidated Fund under any other enactment shall be paid out of, or charged on and paid out of, that fund.
This Act may be cited as the Elections (Northern Ireland) Act 1985, and shall be included among the Acts that may be cited as the Representation of the People Acts.
Subject to subsection (3), this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument.
Section 5(1), section 6 and this section (and sections 1 to 3 so far as necessary to give effect to section 5(1)) shall come into force on the day on which this Act is passed.
This Act extends to Northern Ireland only.
See also paragraph 34 of Schedule 1 to the Elections Act 2022 (which relates to section 2 of this Act).