|
| |
|
| |
| |
| |
| |
Make provision about the registration of electors and the administration and |
| |
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
| |
Individual electoral registration in Great Britain |
| |
1 | Individual registration |
| |
(1) | After section 10ZB of the Representation of the People Act 1983 insert— |
| |
“10ZC | Registration of electors in Great Britain |
| 5 |
(1) | A registration officer in Great Britain must enter a person (“P”) in a |
| |
register maintained by the officer if— |
| |
(a) | an application for registration is made by someone who appears |
| |
| |
(b) | any requirements imposed by or under this Act in relation to |
| 10 |
the application are met, and |
| |
(c) | P appears to the officer to be entitled to be registered in the |
| |
| |
(2) | In determining an application under this section, the officer must |
| |
consider any objection made in accordance with the prescribed |
| 15 |
requirements by another person whose name appears in the register. |
| |
(3) | Regulations may make provision about the procedure for determining |
| |
applications under this section.” |
| |
(2) | Schedule 1 contains amendments about the alteration of registers and removal |
| |
| 20 |
|
| |
| |
|
| |
|
(3) | Registration officers in Great Britain must have regard to any guidance given |
| |
by the Minister about the determination of applications under section 10ZC of |
| |
| |
(4) | The guidance that may be given includes guidance about the process for |
| |
determining whether the conditions in subsection (1) of that section are met |
| 5 |
and the relative weight to be given to different kinds of evidence. |
| |
(5) | 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. |
| |
2 | Applications for registration and verification of entitlement etc |
| |
(1) | Schedule 2 to the Representation of the People Act 1983 (provisions which may |
| 10 |
be contained in regulations as to registration etc) is amended as follows. |
| |
(2) | In paragraph 1, after sub-paragraph (2) insert— |
| |
“(2A) | The provision that may be made under sub-paragraph (2) includes, |
| |
in particular, provision authorising or requiring a registration officer |
| |
| 15 |
(a) | require a person who has made an application under section |
| |
10ZC or 10ZD to provide evidence (or evidence of a |
| |
prescribed kind or of a kind determined by the Secretary of |
| |
State) that he or she is the person named in the application; |
| |
(b) | require a person who has made an application under section |
| 20 |
10ZC or 10ZD, or any person whose name appears in a |
| |
register, to provide evidence (or evidence of a prescribed |
| |
kind or of a kind determined by the Secretary of State) for the |
| |
purpose of enabling the officer to determine whether a |
| |
person is entitled to be registered in a register maintained by |
| 25 |
| |
| (Examples of the evidence that a person may be required to provide |
| |
include the evidence mentioned in paragraph 3ZA(5).) |
| |
(2B) | Provision of the kind mentioned in sub-paragraph (2A) may |
| |
authorise or require the registration officer to require a person to |
| 30 |
provide the evidence to a registration officer or to some other |
| |
prescribed person (or person of a prescribed description).” |
| |
(3) | After paragraph 3 insert— |
| |
“3ZA (1) | Provision about applications under section 10ZC or 10ZD, including |
| |
in particular provision about— |
| 35 |
(a) | the form and contents of applications and of any declarations |
| |
to be made in connection with them; |
| |
(b) | the manner in which applications are to be made. |
| |
(2) | Provision made under sub-paragraph (1) may include provision— |
| |
(a) | conferring functions on registration officers, or local or public |
| 40 |
authorities, to enable applications to be made in a particular |
| |
| |
(b) | conferring other functions on registration officers; |
| |
(c) | conferring functions on the Electoral Commission. |
| |
(3) | Provision requiring a person making an application under section |
| 45 |
| |
|
| |
|
| |
|
(a) | to provide evidence that he or she is the person named in the |
| |
| |
(b) | to provide evidence of entitlement to be registered. |
| |
(4) | Provision made under sub-paragraph (3) may— |
| |
(a) | specify the evidence that a person is required to provide; |
| 5 |
(b) | require a person to provide evidence of a kind determined by |
| |
| |
(5) | Examples of the evidence that a person may be required to provide |
| |
include the person’s date of birth or national insurance number. |
| |
(6) | Provision made under sub-paragraph (3) may require a person to |
| 10 |
provide the evidence to a registration officer or to some other |
| |
prescribed person (or person of a prescribed description).” |
| |
(4) | After paragraph 8A insert— |
| |
“8B (1) | Provision authorising or requiring a registration officer in |
| |
determining an application under section 10ZC or 10ZD, in |
| 15 |
prescribed cases, to treat a prescribed person’s statement of a fact as |
| |
sufficient evidence of that fact. |
| |
(2) | In sub-paragraph (1) “prescribed” includes of a prescribed |
| |
| |
(5) | Schedule 2 to this Act contains amendments related to this section. |
| 20 |
3 | Proxies to be registered electors |
| |
In paragraph 6 of Schedule 4 to the Representation of the People Act 2000 |
| |
(absent voting in Great Britain), for sub-paragraphs (3) and (4) substitute— |
| |
“(3) | 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 |
| 25 |
a register of parliamentary electors in Great Britain or Northern |
| |
| |
(3A) | 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 |
| 30 |
| |
(4) | 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.” |
| |
| 35 |
After section 9C of the Representation of the People Act 1983 insert— |
| |
“9D | Maintenance of registers: duty to conduct canvass in Great Britain |
| |
(1) | Each registration officer in Great Britain must conduct an annual |
| |
canvass in relation to the area for which the officer acts. |
| |
(2) | The purpose of the canvass is to ascertain— |
| 40 |
|
| |
|
| |
|
(a) | the names and addresses of persons who are entitled to be |
| |
registered in a register maintained by the officer but who are not |
| |
| |
(b) | those persons who are registered in such a register but who are |
| |
not entitled to be registered. |
| 5 |
(3) | The canvass is to be conducted in a manner to be set out in regulations. |
| |
(4) | The regulations may confer functions on the Electoral Commission (for |
| |
example, the Commission may be required to design a canvass form). |
| |
(5) | A registration officer may make house to house inquiries for the |
| |
purposes of the canvass, for example— |
| 10 |
(a) | to obtain information before sending out a canvass form, |
| |
(b) | to supplement information provided on a canvass form, or |
| |
(c) | to obtain information where no canvass form is returned. |
| |
(6) | Nothing in this section applies in relation to— |
| |
(a) | the registration of persons in respect of residence in penal |
| 15 |
institutions (within the meaning of section 3) or mental |
| |
hospitals (within the meaning of section 7) or other places at |
| |
which persons to whom section 7A applies may be detained, |
| |
(b) | the registration of persons in pursuance of declarations of local |
| |
connection, service declarations or overseas electors’ |
| 20 |
| |
(c) | the registration of persons with anonymous entries in the |
| |
| |
5 | Invitations to register |
| |
(1) | After section 9D of the Representation of the People Act 1983 insert— |
| 25 |
“9E | Maintenance of registers: invitations to register in Great Britain |
| |
(1) | A registration officer in Great Britain must give a person an invitation |
| |
to apply for registration in a register maintained by the officer if— |
| |
(a) | the officer is aware of the person’s name and address, |
| |
(b) | the person is not registered in the register, and |
| 30 |
(c) | the officer has reason to believe that the person may be entitled |
| |
to be registered in the register. |
| |
(2) | Regulations may make provision about invitations under |
| |
subsection (1), including— |
| |
(a) | provision about the form and contents of invitations; |
| 35 |
(b) | provision about the giving of invitations (for example, |
| |
provision about the manner in which they must be given or how |
| |
often they must be given); |
| |
(c) | provision requiring invitations to be accompanied by, or |
| |
combined with, application forms or other documents |
| 40 |
(including partially completed application forms). |
| |
(3) | Regulations under subsection (2) may confer functions on the Electoral |
| |
Commission (for example, the Commission may be required to design |
| |
| |
|
| |
|
| |
|
(4) | A registration officer who gives a person an invitation under |
| |
subsection (1) may subsequently require the person to make an |
| |
application for registration by a specified date. |
| |
(5) | A requirement under subsection (4) is of no effect if the person is not |
| |
entitled to be registered. |
| 5 |
| |
(a) | may make provision about requirements under subsection (4) |
| |
(including provision for them to be cancelled in specified |
| |
| |
(b) | may specify steps that a registration officer must take before |
| 10 |
| |
(7) | A registration officer may impose a civil penalty on a person who fails |
| |
to comply with a requirement imposed by the officer under |
| |
| |
(8) | For more about civil penalties under this section, see Schedule ZA1.” |
| 15 |
(2) | Schedule 3 inserts a new Schedule ZA1 into the 1983 Act. |
| |
6 | Power to amend or abolish the annual canvass |
| |
(1) | The Minister may by order make provision for the purposes of assisting |
| |
registration officers in Great Britain to ascertain— |
| |
(a) | the names and addresses of persons who are not registered in a register |
| 20 |
but who are entitled to be registered; |
| |
(b) | those persons who are registered in a register but who are not entitled |
| |
| |
(2) | The Minister may by order— |
| |
(a) | modify section 9D of the Representation of the People Act 1983 or any |
| 25 |
other provision relating to a canvass under that section; |
| |
(b) | abolish the duty to conduct a canvass under that section. |
| |
(3) | If the duty to conduct a canvass is abolished, the provision that may be made |
| |
under subsection (1) includes provision reinstating the duty. |
| |
(4) | An order under this section may create offences punishable on summary |
| 30 |
conviction by a fine not exceeding level 5 on the standard scale. |
| |
(5) | An order under this section may confer power to make subordinate legislation |
| |
and, if it does so, must provide— |
| |
(a) | that the subordinate legislation is to be made by statutory instrument, |
| |
| 35 |
(b) | 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. |
| |
7 | Consulting Electoral Commission about proposals under section 6 |
| |
(1) | If the Minister consults the Electoral Commission about a proposal to make an |
| |
order under section 6, the Commission must prepare a report assessing— |
| 40 |
(a) | the extent to which the objective in subsection (2) is met, |
| |
(b) | the extent to which the objective would be met if the order were made, |
| |
| |
|
| |
|
| |
|
(c) | the merits of alternative ways of achieving the objective. |
| |
(2) | The objective is to assist registration officers in Great Britain to ascertain— |
| |
(a) | the names and addresses of persons who are not registered in a register |
| |
but who are entitled to be registered; |
| |
(b) | those persons who are registered in a register but who are not entitled |
| 5 |
| |
(3) | The Electoral Commission must give a copy of the report to the Minister by the |
| |
| |
(4) | The “specified date” means a date to be specified by the Minister and the date |
| |
must not be before the end of the period of 3 months beginning with the day |
| 10 |
on which the Commission is consulted. |
| |
(5) | 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. |
| |
(6) | When a draft of a statutory instrument containing an order under section 6 is |
| 15 |
laid before Parliament (see section 10), 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 |
| |
| |
8 | Piloting of changes to the annual canvass |
| 20 |
(1) | An order under section 6 may be made so as to have effect in relation to a |
| |
| |
(2) | 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”. |
| |
(3) | The Minister may make a pilot scheme applying in relation to an area only if |
| 25 |
the registration officer for that area has— |
| |
(a) | proposed the making of a pilot scheme in relation to that area, and |
| |
(b) | agreed to any modifications made by the Minister to the proposal. |
| |
(4) | Section 7 does not apply in relation to a pilot scheme. |
| |
(5) | The provision that may be made in a pilot scheme by virtue of section 10(3) |
| 30 |
includes, in particular, provision in connection with the expiry of the specified |
| |
| |
(6) | A pilot scheme may be replaced by a further pilot scheme. |
| |
(7) | If a pilot scheme is made, the Electoral Commission must— |
| |
(a) | prepare a report on the pilot scheme, and |
| 35 |
(b) | by no later than a date to be specified in the pilot scheme, give a copy |
| |
of the report to the Minister and to the registration officer for the area |
| |
concerned (or the officer for each area concerned). |
| |
(8) | The Electoral Commission’s report must contain— |
| |
(a) | a description of the pilot scheme, |
| 40 |
(b) | an assessment of the extent to which the objective in section 7(2) was |
| |
met in the area or areas concerned immediately before the specified |
| |
| |
|
| |
|
| |
|
(c) | an assessment of the extent to which the objective was met in the area |
| |
or areas concerned during the specified period, and |
| |
(d) | an assessment of the extent to which the scheme resulted in savings of |
| |
time and costs, or the opposite. |
| |
(9) | The Minister must publish the Electoral Commission’s report. |
| 5 |
(10) | 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. |
| |
9 | Piloting registration provisions |
| |
(1) | The Minister may by order make provision for the purpose of testing, for a |
| 10 |
specified period and in relation to a specified area, how the changes made by |
| |
any registration provision work in practice. |
| |
(2) | 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 |
| 15 |
| |
(3) | “Registration provision” means any provision of— |
| |
(a) | section 1 and Schedule 1, |
| |
(b) | section 2 and Schedule 2, and |
| |
| 20 |
(4) | The Minister may make an order under this section in relation to an area only |
| |
if the registration officer for that area has— |
| |
(a) | proposed the making of an order in relation to that area, and |
| |
(b) | agreed to any modifications made by the Minister to the proposal. |
| |
(5) | The provision that may be made in an order under this section by virtue of |
| 25 |
section 10(3) includes, in particular, provision in connection with the expiry of |
| |
| |
(6) | An order under this section may make provision modifying Schedule 5 (for |
| |
example, to modify the meaning of “new application for registration”). |
| |
| 30 |
(1) | An order under this Part is to be made by statutory instrument. |
| |
(2) | 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. |
| |
(3) | An order under this Part may make consequential, supplementary, incidental, |
| 35 |
transitional or saving provision. |
| |
(4) | An order under this Part may modify any other Act or subordinate legislation |
| |
(whenever passed or made). |
| |
(5) | An order under this Part— |
| |
(a) | may apply generally or only in specified cases, circumstances or areas; |
| 40 |
(b) | may make different provision for different cases, circumstances or |
| |
| |
|
| |
|