Electoral Registration and Administration Bill

Session 2012 - 13
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Electoral Registration and Administration Bill

Electoral Registration and Administration Bill
Schedule 1 — Register of electors: alterations and removal
15

Schedules
Schedule 1
Section 1

Register of electors: alterations and removal
1
After section 10ZC of the Representation of the People Act 1983 insert—
“10ZD
  Registration of electors in Great Britain: alterations
5
(1)
A registration officer in Great Britain must alter the name or address
in respect of which a person (“P”) is registered in a register
maintained by the officer if—
(a)
an application for alteration is made by someone who
appears to the officer to be P,
10
(b)
any requirements imposed by or under this Act in relation to
the application are met, and
(c)
P appears to the officer to be entitled to be registered in the
register in respect of the new name or the new address (as the
case may be).
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(2)
In determining an application under this section, the officer must
consider any objection made in accordance with the prescribed
requirements by another person whose name appears in the register.
(3)
Regulations may make provision about the procedure for
determining applications under this section.
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10ZE
  Removal of electors in Great Britain from register
(1)
Where a person is entered in a register in respect of an address in
Great Britain, the person is entitled to remain registered until the
registration officer concerned determines that—
(a)
the person was not entitled to be registered in respect of the
25
address,
(b)
the person has ceased to be resident at the address or has
otherwise ceased to satisfy the conditions for registration set
out in section 4, or
(c)
the person was registered as the result of an application
30
under section 10ZC made by some other person or the
person’s entry has been altered as the result of an application
under section 10ZD made by some other person.
(2)
Where a person’s entitlement to remain registered terminates by
virtue of subsection (1), the officer must remove the person’s entry
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from the register.

Electoral Registration and Administration Bill
Schedule 1 — Register of electors: alterations and removal
16

(3)
A registration officer may make house to house inquiries for the
purpose of deciding whether or not to make a determination under
subsection (1).
(4)
Regulations may make provision about the procedure for making
determinations under subsection (1), which may include provision
5
requiring an officer to take prescribed steps before making a
determination.
(5)
A registration officer in Great Britain must consider whether to make
a determination under subsection (1) if the officer—
(a)
receives an objection to a person’s registration in a register
10
maintained by the officer, or
(b)
otherwise becomes aware of information that causes the
officer to suspect that a condition in subsection (1)(a) to (c)
may be met in relation to a person’s entry in such a register.
(6)
Subsection (5)(a)—
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(a)
applies only if the objection to the person’s registration is
made in accordance with the prescribed requirements by
someone whose name appears in the register, and
(b)
does not apply if the person has an anonymous entry in the
register.
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(7)
Nothing in this section applies in relation to the registration of
persons in pursuance of—
(a)
applications for registration made by virtue of section 7(2) or
7A(2), or
(b)
declarations of local connection, service declarations or
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overseas electors’ declarations.
(8)
In this section “resident” means resident for the purposes of
section 4.”
2     (1)
Registration officers in Great Britain must have regard to any guidance
given by the Minister about the determination of applications under
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section 10ZD of the Representation of the People Act 1983.
      (2)
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.
      (3)
Sub-paragraphs (1) and (2) cease to have effect at the end of the period of 5
35
years beginning with the day on which they come fully into force.
3
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.”
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Electoral Registration and Administration Bill
Schedule 2 — Sharing and checking information etc
17

Schedule 2
Section 2

Sharing and checking information etc
1
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.
2
After paragraph 1 insert—
5
“1A   (1)
Provision authorising or requiring a person to disclose
information to another person for the purpose of assisting a
registration officer in Great Britain—
(a)
to verify information relating to a person who is registered
in a register maintained by the officer or who is named in
10
an application for registration in, or alteration of, a register,
(b)
to ascertain the names and addresses of people who are not
registered but who are entitled to be registered, or
(c)
to identify those people who are registered but who are not
entitled to be registered.
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      (2)
Provision made under sub-paragraph (1) may authorise or require
the person to whom the information is disclosed—
(a)
to compare it with other information;
(b)
to disclose the results of the comparison to a registration
officer for the purpose mentioned in that sub-paragraph.
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      (3)
The provision that may be made under sub-paragraph (1) or (2)
includes provision—
(a)
conferring other functions on a person;
(b)
authorising the Secretary of State to make grants to a person on
whom functions are conferred;
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(c)
authorising a person to disclose or otherwise process
information only in accordance with an agreement;
(d)
authorising or requiring a person to disclose or otherwise
process information only in accordance with requirements
imposed by the Secretary of State;
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(e)
regulating the manner in which information is disclosed;
(f)
requiring the retention or disposal, or otherwise regulating
the processing, of information disclosed.
      (4)
Provision made under this paragraph has effect despite any
statutory or other restriction on the disclosure of information.
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      (5)
In this paragraph “processing” has the same meaning as in the
Data Protection Act 1998.”
3
After paragraph 8B (inserted by section 2) insert—
“8C   (1)
Provision requiring the retention or disposal, or otherwise
regulating the processing, of—
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(a)
information provided in an application under section
10ZC or 10ZD;
(b)
information provided to a person in accordance with a
requirement imposed by a registration officer in Great
Britain under provision made by virtue of paragraph 1(2);
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Electoral Registration and Administration Bill
Schedule 2 — Sharing and checking information etc
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(c)
information provided to a person by virtue of provision
made under paragraph 3ZA.
      (2)
In this paragraph “processing” has the same meaning as in the
Data Protection Act 1998.”
4
In paragraph 13, after sub-paragraph (1ZA) insert—
5
  “(1ZB)
Provision making it an offence, in prescribed circumstances, for a
person to process information in breach of provision made under
paragraph 1A(3)(e) or (f) or 8C.
    (1ZC)
Provision made under sub-paragraph (1ZB) creating an offence
may not—
10
(a)
provide for the offence to be punishable on conviction on
indictment by imprisonment for a term exceeding two
years;
(b)
provide for the offence to be punishable on summary
conviction by imprisonment for a term exceeding the
15
relevant maximum;
(c)
provide for the offence to be punishable on summary
conviction by a fine exceeding the statutory maximum or
level 5 on the standard scale (as appropriate).
    (1ZD)
In sub-paragraph (1ZC)(b) “the relevant maximum”—
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(a)
in relation to an offence triable either on indictment or
summarily, means—
(i)
in England and Wales or Scotland, 12 months, and
(ii)
in Northern Ireland, 6 months;
(b)
in relation to an offence triable only summarily, means—
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(i)
in England and Wales, 51 weeks, and
(ii)
in Scotland or Northern Ireland, 6 months.”
5
In section 53 of the Representation of the People Act 1983 (power to make
regulations as to registration etc), after subsection (4) insert—
“(5)
Before making regulations containing provision under paragraph 1A
30
of Schedule 2, or paragraph 13(1ZB) of that Schedule so far as
relating to that paragraph, the Secretary of State must consult—
(a)
the Electoral Commission,
(b)
the Information Commissioner, and
(c)
any other person the Secretary of State thinks appropriate.
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(6)
The Secretary of State may require the Electoral Commission to—
(a)
prepare a report on specified matters relating to the operation
of any provision made under paragraph 1A of Schedule 2,
and
(b)
give the Secretary of State a copy of the report by no later than
40
a specified date.
(7)
The Secretary of State must publish a copy of the report.
(8)
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
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subsection (6).”