Журнал 1128-го пленарного заседания Постоянного совета
After section 10ZB of the Representation of the People Act 1983 insert—
Schedule 1 contains amendments about the alteration of registers and removal from a register.
Registration officers in Great Britain must have regard to any guidance given by the Minister about the determination of applications under section 10ZC of the 1983 Act.
The guidance that may be given includes guidance about the process for determining whether the conditions in subsection (1) of that section are met and the relative weight to be given to different kinds of evidence.
Subsections (3) and (4) cease to have effect at the end of the period of 5 years beginning with the day on which they come fully into force.
Schedule 2 to the Representation of the People Act 1983 (provisions which may be contained in regulations as to registration etc) is amended as follows.
In paragraph 1, after sub-paragraph (2) insert—
After paragraph 3 insert—
After paragraph 8A insert—
In section 201 of the Representation of the People Act 1983 (regulations), before subsection (3) insert—
Schedule 2 to this Act contains amendments related to this section.
A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election unless the person is or will be registered in a register of parliamentary electors in Great Britain or Northern Ireland. A person is not capable of being appointed to vote, or voting, as proxy at a local government election unless the person is or will be registered in a register of local government electors in Great Britain or Northern Ireland. A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary or local government election if the person is subject to any legal incapacity (age apart) to vote at that election as an elector.
After section 9C of the Representation of the People Act 1983 insert—
After section 9D of the Representation of the People Act 1983 insert—
Schedule 3 inserts a new Schedule ZA1 into the 1983 Act.
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In section 3(2)(a) of the Parliamentary Constituencies Act 1986 (timing of Boundary Commission reports), for “before 1st October 2013” substitute “before 1st October 2018 but not before 1st September 2018”.
In section 11(2) of the Parliamentary Voting System and Constituencies Act 2011, for “1 October 2013” substitute “1 October 2018”.
In section 14(3) of that Act, for “2015” (in both places) substitute “2020”.
The Secretary of State may by order make provision for the purposes of assisting registration officers in Great Britain to ascertain—
the names and addresses of persons who are not registered in a register but who are entitled to be registered;
those persons who are registered in a register but who are not entitled to be registered.
The Secretary of State may by order—
modify section 9D of the Representation of the People Act 1983 or any other provision relating to a canvass under that section;
abolish the duty to conduct a canvass under that section.
But the power in subsection (2) does not include the power to modify any provision or abolish the duty in section 9D so far as the provision or duty applies in relation to a register of local government electors maintained by a registration officer in Wales.
If the duty to conduct a canvass is abolished, the provision that may be made under subsection (1) includes provision reinstating the duty.
An order under this section may create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
An order under this section may confer power to make subordinate legislation and, if it does so, must provide—
that the subordinate legislation is to be made by statutory instrument, and
that the instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
If the Secretary of State consults the Electoral Commission about a proposal to make an order under section 7, the Commission must prepare a report assessing—
the extent to which the objective in subsection (2) is met,
the extent to which the objective would be met if the order were made, and
the merits of alternative ways of achieving the objective.
The objective is to assist registration officers in Great Britain to ascertain—
the names and addresses of persons who are not registered in a register but who are entitled to be registered;
those persons who are registered in a register but who are not entitled to be registered.
The Electoral Commission must give a copy of the report to the Secretary of State by the specified date.
The “specified date” means a date to be specified by the Secretary of State and the date must not be before the end of the period of 3 months beginning with the day on which the Commission is consulted.
A registration officer in Great Britain must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under this section.
When a draft of a statutory instrument containing an order under section 7 is laid before Parliament (see section 11), it must be accompanied by a report under this section, unless the instrument contains provision only for the purpose of reinstating the duty to conduct a canvass as mentioned in section 7(3).
An order under section 7 may be made so as to have effect in relation to a specified period.
An order which, by virtue of subsection (1), is to have effect in relation to a limited period is referred to in this section as a “pilot scheme”.
The Secretary of State may make a pilot scheme applying in relation to an area only if the registration officer for that area has—
proposed the making of a pilot scheme in relation to that area, and
agreed to any modifications made by the Secretary of State to the proposal.
Section 8 does not apply in relation to a pilot scheme.
The provision that may be made in a pilot scheme by virtue of section 11(3) includes, in particular, provision in connection with the expiry of the specified period.
A pilot scheme may be replaced by a further pilot scheme.
If a pilot scheme is made, the Electoral Commission must—
prepare a report on the pilot scheme, and
by no later than a date to be specified in the pilot scheme, give a copy of the report to the Secretary of State and to the registration officer for the area concerned (or the officer for each area concerned).
The Electoral Commission's report must contain—
a description of the pilot scheme,
an assessment of the extent to which the objective in section 8(2) was met in the area or areas concerned immediately before the specified period,
an assessment of the extent to which the objective was met in the area or areas concerned during the specified period, and
an assessment of the extent to which the scheme resulted in savings of time and costs, or the opposite.
The Secretary of State must publish the Electoral Commission's report.
A registration officer in Great Britain must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under this section.
The Secretary of State may by order make provision for the purpose of testing, for a specified period and in relation to a specified area, how the changes made by any registration provision work in practice.
But an order under subsection (1) may not make provision for the purpose of testing how the changes made by any registration provision work in relation to a register of local government electors maintained by a registration officer in Wales.
An order under this section may, in particular, make provision the effect of which corresponds to the effect of the amendments made by any registration provision (or the subordinate legislation that may be made by virtue of any registration provision).
“Registration provision” means any provision of—
section 1 and Schedule 1,
section 2 and Schedule 2, and
Schedule 4.
The Secretary of State may make an order under this section in relation to an area only if the registration officer for that area has—
proposed the making of an order in relation to that area, and
agreed to any modifications made by the Secretary of State to the proposal.
The provision that may be made in an order under this section by virtue of section 11(3) includes, in particular, provision in connection with the expiry of the specified period.
An order under this section may make provision modifying Schedule 5 (for example, to modify the meaning of “new application for registration”).
An order under this Part is to be made by statutory instrument.
A statutory instrument containing an order under this Part (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament (but paragraph 28 of Schedule 5 contains an exception to this).
An order under this Part may make consequential, supplementary, incidental, transitional or saving provision.
An order under this Part may modify any other Act or subordinate legislation (whenever passed or made).
An order under this Part—
may apply generally or only in specified cases, circumstances or areas;
may make different provision for different cases, circumstances or areas.
In this Part—
For the purposes of an absent voting application made on or after the commencement date, a person is to be regarded as registered in a register in Great Britain only if the person— “Absent voting application” means an application under paragraph 3(1) or (2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000. This paragraph does not apply in relation to a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
“modify” includes amend, repeal or revoke;
“register” means a register of parliamentary electors or local government electors maintained by a registration officer in Great Britain other than a register of local government electors maintained by a registration officer in Wales;
Section 1
After section 10ZC of the Representation of the People Act 1983 insert—
Registration officers in Great Britain must have regard to any guidance given by the Minister about the determination of applications under section 10ZD of the Representation of the People Act 1983. The guidance that may be given includes guidance about the process for determining whether the conditions in subsection (1) of that section are met and the relative weight to be given to different kinds of evidence. Sub-paragraphs (1) and (2) cease to have effect at the end of the period of 5 years beginning with the day on which they come fully into force.
In section 13A(1)(d) of the Representation of the People Act 1983 (alteration of registers to correct clerical errors), at the end insert “ or, in the case of a registration officer in Great Britain, determines that the register contains any information that is incorrect. ”
Section 2
Schedule 2 to the Representation of the People Act 1983 (provisions which may be contained in regulations as to registration etc) is amended as follows.
After paragraph 1 insert—
After paragraph 8B (inserted by section 2) insert—
In paragraph 13, after sub-paragraph (1ZA) insert—
In section 53 of the Representation of the People Act 1983 (power to make regulations as to registration etc), after subsection (4) insert—
Section 5
In the Representation of the People Act 1983, before Schedule A1 insert—
Section 13
The Representation of the People Act 1983 is amended as follows.
In the Political Parties and Elections Act 2009 the following are repealed—
section 23(1) (which inserted section 13BB of the Representation of the People Act 1983);
sections 30 to 34 (electoral registration: provision of identifying information);
sections 35 and 36 (data schemes);
section 37 (interpretation).
In section 7 (residence: patients in mental hospitals who are not detained offenders or on remand), in subsection (3), after paragraph (aa) insert—.
In section 7A (residence: persons remanded in custody etc), in subsection (3), after paragraph (aa) insert—.
In section 7C (effect of declaration of local connection), in subsection (2), after paragraph (aa) insert—.
In section 9 (registers of electors), in subsection (2)—
for the words from the beginning to “register” substitute “ Subject to any other provision of this Act, each register ”;
for paragraph (a) substitute—.
Section 9A (registration officers: duty to take necessary steps) is amended as follows. At the end of subsection (1) insert “ and for the purpose of securing that, so far as is reasonably practicable, persons who are entitled to be registered in a register (and no others) are registered in it ”. In subsection (2)(a), for “section 10” substitute “ section 9D ”.
Section 9B (anonymous registration) is amended as follows. For subsections (1) and (2) substitute— In subsection (5), after “a person” insert “ as the result of an application under subsection (1)(a) ”. For subsection (6) substitute— In subsection (7)(b), omit the words from “(including an application” to the end.
Section 9C (removal of anonymous entries) is amended as follows. In subsection (1), omit “in pursuance of the application for registration mentioned in section 9B(1)”. In subsection (3), omit “a further application for registration accompanied by”.
Section 10 (maintenance of the registers: duty to conduct canvass) is amended as follows. Omit subsection (1). In subsection (2), omit “(1) or”. In subsection (3)— For subsection (4) substitute— In subsection (4A), omit “for the purposes of a canvass in Northern Ireland”. In subsection (5), for “a registration officer” substitute “ under this section the Chief Electoral Officer for Northern Ireland ”. In subsection (6), for “a registration officer” substitute “ under this section the Chief Electoral Officer for Northern Ireland ”. In the heading, after “canvass” insert “ in Northern Ireland ”.
Section 10A (maintenance of the registers: registration of electors) is amended as follows. In subsection (1), for “A registration officer” substitute “ The Chief Electoral Officer for Northern Ireland ”. In subsection (2A), omit “(subject to section 13BB(2))”. In subsection (3)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (4), before “asking” insert “ in Northern Ireland ”. In subsection (5)— In subsection (5A)(b), for “the registration officer” substitute “ the Chief Electoral Officer for Northern Ireland ”. In subsection (5B), for “A registration officer” substitute “ The Chief Electoral Officer for Northern Ireland ”. In subsection (6), for “the registration officer concerned” substitute “ the Chief Electoral Officer for Northern Ireland ”. In subsection (7), for “a registration officer” substitute “ the Chief Electoral Officer for Northern Ireland ”. In the heading, after “electors” insert “ in Northern Ireland ”.
Section 13 (publication of registers) is amended as follows. In subsection (2)(b), after “13A(3)” insert “ or (3A) ”. In subsection (5)(b), for “13BB” substitute “ 13BA ”.
Section 13A (alteration of registers) is amended as follows. In subsection (1)— After subsection (3) insert— In subsection (5), for “13B or 13BA below or section 13BB below” substitute “ section 13B or section 13BA below ”.
In section 13B (alteration of registers in Great Britain: pending elections), in subsection (2)(a), for “paragraphs (a) to (d)” substitute “ paragraphs (za), (zb), (b), (c) and (d) ”.
Omit section 13BB (election falling within canvass period).
In section 15 (service declaration), in subsection (2), after paragraph (aa) insert—.
Section 49 (effect of registers) is amended as follows. In subsection (5)— Omit subsection (6).
In section 54(1) (payment of expenses of registration), after “under this Act” insert “ or the Electoral Registration and Administration Act 2013 ”.
In section 56(1) (registration appeals: England and Wales), for paragraphs (a) and (aa) substitute—.
In section 62 (offences as to declarations), in subsection (1A), for “section 9B(1)(b)” substitute “ section 9B(1A)(a) ”.
Schedule 2 (provisions which may be contained in regulations as to registration etc) is amended as follows. In paragraph 1— After paragraph 1A (inserted by Schedule 2) insert— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After paragraph 3B insert— In paragraph 5(2) (provision as to evidence of age or nationality which may be required), after “required” insert “ by the Chief Electoral Officer for Northern Ireland ”. After paragraph 5A insert—
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
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In Schedule 1 to the Representation of the People Act 2000 (registration: amendments of Representation of the People Act 1983), omit paragraph 12(3) and (4).
Regulations under section 7(1) of the European Parliamentary Elections Act 2002 may include provision for the purpose of requiring a poll card to be used at the 2014 European Parliamentary general election to include information relating to changes made by Part 1 of this Act.
The amendment made by section 3 (read with paragraph 18 above) does not apply in relation to a proxy appointment for an existing absent voter (or the proxy’s entitlement to vote) until the registration officer who made the appointment publishes the relevant register following the first new canvass. In this paragraph— If a proxy appointment ceases to be in force because sub-paragraph (1) ceases to preserve it, the officer must— This paragraph does not apply in relation to an existing absent voter who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
A registration officer in Great Britain must, immediately before the publication of a register following the first new canvass, remove the entry of a person (“P”) if— For the purposes of sub-paragraph (1), P’s entry on the register was carried forward on the conclusion of the final old canvass if— In this paragraph “the final old canvass” means the final canvass under section 10(1) of the Representation of the People Act 1983.
Section 13
At the first new canvass, a registration officer is not required to supply a canvass form to an address if the officer thinks that it is unnecessary to do so and— In deciding whether it is necessary to supply a canvass form to an address the registration officer must, in particular, consider whether supplying the canvass form is likely to result in the officer finding out about people residing at the address whom the officer might not otherwise find out about.
In this Schedule “commencement date” means the date appointed for sections 1 and 4 and Schedule 1 to come fully into force.
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
In this Part of this Schedule “relevant person” means a person who falls within sub-paragraph (2) or (3). A person falls within this sub-paragraph if the person— A person falls within this sub-paragraph if the person—
For the purposes of this Schedule, a person (“P”) makes a “new application for registration” in a register maintained by a registration officer in Great Britain if— For the purposes of this Schedule, a new application for registration is “successful”—
The Minister may by order provide for paragraph 6 to have effect as if the reference to the third new canvass were a reference to the second new canvass. An order under sub-paragraph (1) may be made only in the period of 3 months beginning with 1 June in the year in which the second new canvass begins. A statutory instrument containing provision under sub-paragraph (1) only is subject to annulment in pursuance of a resolution of either House of Parliament (and section 11(2) does not apply to it).
The Minister may by order require a registration officer in Great Britain to take specified steps to check whether each person who has an entry in a register maintained by the officer is entitled to remain registered. For the purposes of this Schedule a person’s entitlement to remain registered has been “confirmed” if, having taken steps in accordance with an order under sub-paragraph (1), the registration officer is satisfied that there is evidence of a kind specified in the order to support the person’s entitlement to be registered. An order under this paragraph may make further provision about checking or confirming a person’s entitlement to remain registered, including— Subsections (5) to (8) of section 53 of the Representation of the People Act 1983 (inserted by Schedule 2 to this Act) apply in relation to an order containing provision of the kind mentioned in sub-paragraph (3)(a) above as they apply in relation to the regulations mentioned in subsection (5) of that section. Nothing in this paragraph requires a registration officer to take steps to check the entitlement of a person to remain registered in a register if—
In this Part of this Schedule, references to a person who has an entry in a register do not include a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
A registration officer in Great Britain must, on or as soon as reasonably practicable after the relevant date, give a person an invitation to make a new application for registration in a register maintained by the officer if the person— “The relevant date” means whichever of the following comes first— But the officer need not give an invitation at a time when—
In this Part of this Schedule, references to a person who has an entry in a register do not include a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
A registration officer in Great Britain must, within a prescribed period, give an invitation to make a new application for registration in a register maintained by the officer to each person who— But the officer need not give an invitation at a time when the officer has reason to believe, from records available to the officer, that the person is no longer resident at the address to which the entry relates. The period prescribed for the purposes of this paragraph must begin in the year in which the first new canvass begins.
Sub-paragraph (2) applies if, on the day on which a registration officer in Great Britain publishes a register following the first new canvass— The officer must remove the person’s entry from the absent voters’ record so far as the entry concerns elections of the kind to which the register relates. “Absent voters’ record” means the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000. Sub-paragraph (5) applies if, on the day on which a registration officer in Great Britain publishes a register following the first new canvass— The officer must remove the person’s entry from the absent voters’ list. “Absent voters’ list” means the list mentioned in paragraph 5(2) or (3) of Schedule 4 to the Representation of the People Act 2000. If a registration officer removes a person’s entry from an absent voters’ record or list, the officer must— This paragraph does not apply in relation to a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
An absent voting application made by a relevant person on or after the commencement date is not to be refused merely because the person has not made a successful new application for registration (but see paragraph 21). “Absent voting application” means an application under paragraph 3(1) or (2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.
The amendment made by section 3 of this Act (read with paragraph 18 above) does not apply in relation to a proxy appointment for a relevant person (or the proxy’s entitlement to vote) until the first occasion on which the relevant person makes a successful new application for registration in the relevant register. In this paragraph— If a proxy appointment ceases to be in force because sub-paragraph (1) ceases to preserve it, the officer must—
On the first occasion after the transitional period on which a relevant person’s entry in a register comes up for renewal, the person is not entitled to remain registered unless the person has made a successful new application for registration (in addition to complying with any other requirements). “Transitional period” means the period of 3 months beginning with the commencement date. For the purposes of this paragraph, a relevant person’s entry in a register comes up for renewal when an event mentioned in the applicable provision occurs in relation to that entry. “The applicable provision” means— (as applicable).
An absent voting application made by a relevant person on or after the commencement date is not to be refused merely because the person has not made a successful new application for registration (but see paragraph 25). “Absent voting application” means an application under paragraph 3(1) or (2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.
“modify” includes amend, repeal or revoke;
The amendments made by Part 1 of this Act do not apply to an application made by a relevant person by virtue of section 7(4) or 7A(4) of the Representation of the People Act 1983 in relation to a case where the person’s entry in a register comes up for renewal during the transitional period. “Transitional period” means the period of 3 months beginning with the commencement date. For the purposes of this paragraph, a relevant person’s entry in a register comes up for renewal when an event mentioned in section 7(3) or 7A(3) of the Representation of the People Act 1983 occurs in relation to that entry.
In this Schedule— In this Schedule references to publication of a register are to publication of the revised version of the register under section 13(1)(a) of the Representation of the People Act 1983. In this Schedule— For the purposes of this Schedule a document may be given to a person— The Representation of the People Act 1983 and this Schedule are to have effect as if this Schedule were contained in Part 1 of that Act. References in an enactment other than one contained in this Schedule or the Representation of the People Act 1983 to Part 1 of that Act include a reference to this Schedule.
The Minister may by order make provision for supplementing, or provision incidental to, the provision made by this Schedule.
“modify” includes amend, repeal or revoke;
In this Part of this Schedule “relevant person” means a person who—
is for the time being registered in a register by virtue of an application made under section 7(2) or 7A(2) of the Representation of the People Act 1983, and
has been registered by virtue of an application of that kind since immediately before the commencement date.
A registration officer in Great Britain must, immediately before the publication of a register following the third new canvass, remove the entry of any person who has neither—
had his or her entitlement to remain registered confirmed, nor
made a successful new application for registration in the register.
Schedule 4 contains amendments to do with this Part.
Schedule 5 makes transitional provision to do with this Part.
In relation to an offence committed in England and Wales before 2 May 2022 , the reference to the general limit in a magistrates’ court in paragraph 13(1ZD)(a) of Schedule 2 to the Representation of the People Act 1983 (inserted by Schedule 2 to this Act) is to be read as a reference to 6 months.
In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference to 51 weeks in paragraph 13(1ZD)(b) of Schedule 2 to the Representation of the People Act 1983 (inserted by Schedule 2 to this Act) is to be read as a reference to 6 months.
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Schedule 1 to the Representation of the People Act 1983 (parliamentary elections rules) is amended in accordance with subsections (3) to (5).
In the Timetable in rule 1, in the entry relating to “Polling”, in column 3 (polling day for by-election to be on 9th to 11th day after last day for delivery of nomination papers)—
for “ninth” substitute “ 17th ”, and
for “eleventh” substitute “ 19th ”.
In rule 30(3) (notice of appointment of polling and counting agents to be given no later than the second day before the poll), for “second” substitute “ 5th ”.
In rules 61(9), 63(9) and 64(6) (where election candidate dies, fresh poll to be held 15 to 19 days after day on which election writ treated as received)—
for “15” substitute “ 21 ”, and
for “19” substitute “ 27 ”.
In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599 (N.I.)), in the entry for rule 30, omit the words in the second column.
Section 16 of the Representation of the People Act 1985 (postponement of parish and community council elections in England and Wales) is repealed.
In section 29(5) of that Act (provisions which do not extend to Northern Ireland), for “16 to 18” substitute “ 17 and 18 ”.
In section 40(1) of the Representation of the People Act 1983 (effect of bank holidays etc on timing of elections), omit “or section 16 of the Representation of the People Act 1985”.
The Representation of the People Act 1983 is amended as follows.
In section 13A (alteration of registers)—
in subsection (4), after “section” insert “ 13AB(2), ”;
in subsection (5), after “this section, section” insert “ 13AB, ”.
After that section insert—
In section 13B(2) (alteration of registers in Great Britain: pending elections), after “subsection (2) of that section” insert “ or section 13AB(3) ”.
In section 56 (registration appeals: England and Wales)—
in subsection (4), after “13A” insert “ , 13AB ”;
in subsection (4A), after “13A(2)” insert “ , 13AB(3) ”.
In section 18C of the Representation of the People Act 1983 (review of polling districts and places), for subsections (1) to (5) substitute—
In section 29(3) of the Representation of the People Act 1983 (payments by and to a returning officer) at the beginning insert “ Subject to section 29A, ”.
After section 29 of that Act insert—
In paragraph 107 of Schedule 1 to the Electoral Administration Act 2006 (amendment to section 29 of the 1983 Act) in sub-paragraph (2), in substituted subsection (3), at the beginning insert “ Subject to section 29A, ”.
Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules) is amended as follows.
In rule 37 (voting procedure) as it extends to England and Wales and Scotland, after paragraph (6) insert—
In rule 37 (voting procedure) as it extends to Northern Ireland, after paragraph (3) insert—
Rule 19 of Schedule 1 to the Representation of the People Act 1983 (ballot papers for parliamentary elections) is amended as follows.
After paragraph (2A) insert—
In paragraph (2B), for “The request” substitute “ A request under paragraph (2A) or (2AA) ”.
In Schedule 1 to the Representation of the People Act 1983 (parliamentary elections rules), in rule 31 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—
In rule 32 of that Schedule (admission to polling station), after paragraph (4) insert—
In the application of sub-paragraph (5) to an election in England or Wales, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
In Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain), after paragraph 7D insert—
In section 7 of the Political Parties, Elections and Referendums Act 2000 (Electoral Commission to be consulted on changes to Electoral Law), after subsection (2)(e) insert—.
Part 1 of the Electoral Administration Act 2006 (co-ordinated on-line record of electors) is repealed.
The table contains consequential repeals. Short title Extent of repeal Representation of the People Act 1983 In section 10ZB— in subsection (5), paragraph (b) and the “or” before it; subsections (6) and (8). Political Parties, Elections and Referendums Act 2000 Section 20A. Electoral Administration Act 2006 Section 77(1)(a) to (g). Northern Ireland (Miscellaneous Provisions) Act 2006 In Schedule 4, paragraph 8. Political Parties and Elections Act 2009 Sections 28 and 29.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown in consequence of this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There is to be paid out of the Consolidated Fund any increase attributable to this Act in the sums payable under any other Act out of that Fund.
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In this Act “the Minister” means the Lord President of the Council or the Secretary of State.
In article 3(1) of the Lord President of the Council Order 2010 (S.I. 2010/1837) (which makes certain functions of the Secretary of State exercisable concurrently with the Lord President) a reference to an enactment that is amended by this Act is to that enactment as amended.
An amendment or repeal made by this Act has the same extent as the enactment (or part of an enactment) amended or repealed.
Subject as follows, Parts 1 and 2 of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
Paragraph 28 of Schedule 5 comes into force at the end of the period of 2 months beginning with the day on which this Act is passed.
This Part comes into force on the day on which this Act is passed.
An order under subsection (1) may appoint different days for different purposes (including different days for different parts of the United Kingdom).
An order under subsection (1) bringing into force any provision of section 19 may—
make provision in consequence of, or for giving full effect to, that section, or
make supplementary or incidental provision for the purposes of that section.
An order made by virtue of subsection (5) may—
modify any Act (whenever passed), including any provision inserted by a provision of this Act apart from section 19, or
modify subordinate legislation (whenever made).
An order made by virtue of subsection (5) that contains provision modifying an Act may not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.
Any other order made by virtue of subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
In Schedule 1 to the Electoral Administration Act 2006 (amendments), omit paragraphs 4(2), 5 and 6(2).
The amendments made by Part 1 of this Act do not apply in relation to an application made before the commencement date (even if it is determined later).
The Minister may by order make provision in connection with invitations under paragraph 8 or 11, including provision of the kind mentioned in—
section 9E(2) and (3) of the Representation of the People Act 1983, or
paragraph 3C(2) of Schedule 2 to that Act.
A person is to be regarded as registered in a register in Great Britain for the purposes of paragraph 6(3) or (3A) of Schedule 4 to the Representation of the People Act 2000 (as substituted by section 3 of this Act) only if the person—
was registered in the register immediately before the commencement date and has had his or her entitlement to remain registered confirmed, or
has made a successful new application for registration.
The amendment made by section 3 of this Act (read with paragraph 18 above) does not apply in relation to a proxy appointment for a relevant person (or the proxy’s entitlement to vote) until the first occasion on which the relevant person makes a successful new application for registration in the relevant register. In this paragraph— If a proxy appointment ceases to be in force because sub-paragraph (1) ceases to preserve it, the officer must—
The Minister may by order— The Minister may by order postpone the first new canvass. Any canvass forms to be used by a registration officer for the purpose of the first new canvass must be given within the period prescribed for the purposes of paragraph 8. The Minister may by order make provision about the period during which any canvass forms to be used for the purpose of the second new canvass are to be given. A registration officer is not required, before the commencement date, to do anything for the purpose of conducting any canvass under section 10(1) of the Representation of the People Act 1983 by reference to residence on the 15 October after the commencement date. An order under sub-paragraph (1) or (2) postponing a canvass must specify the period during which it is to be conducted; and the period must not end later than the 1 April after it begins. An order under sub-paragraph (1) or (2) postponing a canvass does not postpone or remove a duty to conduct any other canvass.
A registration officer who gives a person an invitation under paragraph 8 or 11 may subsequently require the person to make an application for registration by a specified date. A requirement under sub-paragraph (1) is of no effect if the person is not entitled to be registered. The Minister may by order make provision of the kind mentioned in section 9E(6) of the Representation of the People Act 1983 in connection with requirements under sub-paragraph (1). A registration officer may impose a civil penalty on a person who fails to comply with a requirement imposed by the officer under sub-paragraph (1). The Minister— A civil penalty under sub-paragraph (4) received by a registration officer is to be paid into the Consolidated Fund.
The Secretary of State may by order made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act or of any provision of an order made by virtue of subsection (5).
This Act may be cited as the Electoral Registration and Administration Act 2013.