Electoral Registration and Administration Bill

Session 2012 - 13
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Electoral Registration and Administration Bill

Electoral Registration and Administration Bill
Schedule 3 — Civil penalty for failing to make application when required by registration officer
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Schedule 3
Section 5

Civil penalty for failing to make application when required by registration
officer

In the Representation of the People Act 1983, before Schedule A1 insert—
“Schedule ZA1
5
Section 9E

Civil penalties under section 9E
Introduction
1
This Schedule is about civil penalties under section 9E.
Amount
2
The amount of a civil penalty is to be specified in regulations.
10
Procedure
3     (1)
The procedure for imposing a civil penalty on a person is to be set
out in regulations.
      (2)
The regulations must, in particular, require the registration officer
to give the person written notice specifying—
15
(a)
the amount of the penalty,
(b)
the reasons for imposing it, and
(c)
the date by which and manner in which it is to be paid.
4
Regulations may specify steps that a registration officer must take
before imposing a civil penalty.
20
Reviews and appeals
5     (1)
Regulations may give a person on whom a civil penalty is
imposed—
(a)
a right to request a review of the decision to impose the
penalty;
25
(b)
a right to appeal against the decision to the First-tier
Tribunal.
      (2)
Regulations under this paragraph may, in particular—
(a)
specify the grounds on which a person may request a
review or appeal;
30
(b)
specify the time within which a person must request a
review or appeal;
(c)
require a person to request a review before appealing;
(d)
make provision about the procedure for a review;
(e)
make further provision about reviews and appeals
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(including provision as to the powers available on a review
or appeal).

Electoral Registration and Administration Bill
Schedule 4 — Amendments to do with Part 1
20

Power to create exceptions
6
Regulations may specify circumstances in which—
(a)
a civil penalty may not be imposed, or
(b)
a civil penalty may be cancelled.
Accounts and record keeping
5
7
Regulations may impose duties on registration officers about the
keeping of accounts and other records in connection with civil
penalties.
Interest and enforcement etc.
8
Regulations may—
10
(a)
allow interest to be charged on a civil penalty that is paid
late;
(b)
allow an additional penalty to be imposed for late
payment.
9
In this Schedule “civil penalty” includes any interest or additional
15
penalty.
10
Regulations may make provision about the recovery of civil
penalties by registration officers.
11
A civil penalty received by a registration officer is to be paid into the
Consolidated Fund.
20
Power to make further provision
12
Regulations may make further provision about civil penalties.”
Schedule 4
Section 12

Amendments to do with Part 1
Representation of the People Act 1983 (c. 2)
25
1
The Representation of the People Act 1983 is amended as follows.
2
In section 7 (residence: patients in mental hospitals who are not detained
offenders or on remand), in subsection (3), after paragraph (aa) insert—
“(ab)
the registration officer determines in accordance with
regulations that the person was registered as the result of an
30
application under section 10ZC made by some other person
or that the person’s entry has been altered as the result of an
application under section 10ZD made by some other person,
or”.
3
In section 7A (residence: persons remanded in custody etc), in subsection (3),
35
after paragraph (aa) insert—
“(ab)
the registration officer determines in accordance with
regulations that the person was registered as the result of an

Electoral Registration and Administration Bill
Schedule 4 — Amendments to do with Part 1
21

application under section 10ZC made by some other person
or that the person’s entry has been altered as the result of an
application under section 10ZD made by some other person,
or”.
4
In section 7C (effect of declaration of local connection), in subsection (2),
5
after paragraph (aa) insert—
“(ab)
the registration officer determines in accordance with
regulations that the person was registered as the result of an
application under section 10ZC made by some other person
or that the person’s entry has been altered as the result of an
10
application under section 10ZD made by some other
person,”.
5
In section 9 (registers of electors), in subsection (2)—
(a)
for the words from the beginning to “register” substitute “Subject to
any other provision of this Act, each register”;
15
(b)
for paragraph (a) substitute—
“(a)
the names of persons who appear to the registration
officer to be entitled to be registered in it and in
respect of whom a successful application for
registration has been made;”.
20
6     (1)
Section 9A (registration officers: duty to take necessary steps) is amended as
follows.
      (2)
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”.
25
      (3)
In subsection (2)(a), for “section 10” substitute “section 9D”.
7     (1)
Section 9B (anonymous registration) is amended as follows.
      (2)
For subsections (1) and (2) substitute—
“(1)
An application under this section (an application for an anonymous
entry) may be made—
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(a)
by any person, in conjunction with an application for
registration under section 10ZC, or
(b)
by a person who already has an anonymous entry, for the
purposes of remaining registered with such an entry (see
section 9C(3)).
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(1A)
An application for an anonymous entry must be made in accordance
with prescribed requirements and must be accompanied by—
(a)
a declaration made in accordance with prescribed
requirements, and
(b)
such evidence in support as may be prescribed.
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(2)
A registration officer who receives an application for an anonymous
entry must determine whether the safety test is satisfied (unless, in
the case of an application under subsection (1)(a), the person’s
application for registration has been rejected otherwise than by
virtue of this section).”
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Electoral Registration and Administration Bill
Schedule 4 — Amendments to do with Part 1
22

      (3)
In subsection (5), after “a person” insert “as the result of an application under
subsection (1)(a)”.
      (4)
For subsection (6) substitute—
“(6)
If a person makes an application under subsection (1)(a) and the
registration officer determines that the safety test is not satisfied, no
5
entry is to be made in the register as a result of the person’s
application under section 10ZC (whether an anonymous entry or
otherwise).”
      (5)
In subsection (7)(b), omit the words from “(including an application” to the
end.
10
8     (1)
Section 9C (removal of anonymous entries) is amended as follows.
      (2)
In subsection (1), omit “in pursuance of the application for registration
mentioned in section 9B(1)”.
      (3)
In subsection (3), omit “a further application for registration accompanied
by”.
15
9     (1)
Section 10 (maintenance of the registers: duty to conduct canvass) is
amended as follows.
      (2)
Omit subsection (1).
      (3)
In subsection (2), omit “(1) or”.
      (4)
In subsection (3), after “canvass” insert “under this section”.
20
      (5)
For subsection (4) substitute—
“(4)
The form to be used for the purposes of a canvass under this section
must be a form prescribed for those purposes.”
      (6)
In subsection (4A), omit “for the purposes of a canvass in Northern Ireland”.
      (7)
In subsection (5), for “a registration officer” substitute “under this section the
25
Chief Electoral Officer for Northern Ireland”.
      (8)
In subsection (6), for “a registration officer” substitute “under this section the
Chief Electoral Officer for Northern Ireland”.
      (9)
In the heading, after “canvass” insert “in Northern Ireland”.
10    (1)
Section 10A (maintenance of the registers: registration of electors) is
30
amended as follows.
      (2)
In subsection (1), for “A registration officer” substitute “The Chief Electoral
Officer for Northern Ireland”.
      (3)
In subsection (2A), omit “(subject to section 13BB(2))”.
      (4)
In subsection (3)—
35
(a)
for “A registration officer” substitute “The Chief Electoral Officer for
Northern Ireland”;
(b)
after “registration” insert “in Northern Ireland”.
      (5)
Omit subsection (3B).
      (6)
In subsection (4), before “asking” insert “in Northern Ireland”.
40

Electoral Registration and Administration Bill
Schedule 4 — Amendments to do with Part 1
23

      (7)
In subsection (5)—
(a)
after “in respect of any address” insert “in Northern Ireland”;
(b)
for “the registration officer concerned” substitute “the Chief Electoral
Officer for Northern Ireland”;
(c)
for “the registration officer is” substitute “the Officer is”.
5
      (8)
In subsection (5A)(b), for “the registration officer” substitute “the Chief
Electoral Officer for Northern Ireland”.
      (9)
In subsection (5B), for “A registration officer” substitute “The Chief Electoral
Officer for Northern Ireland”.
     (10)
In subsection (6), for “the registration officer concerned” substitute “the
10
Chief Electoral Officer for Northern Ireland”.
     (11)
In subsection (7), for “a registration officer” substitute “the Chief Electoral
Officer for Northern Ireland”.
     (12)
In the heading, after “electors” insert “in Northern Ireland”.
11
In section 13(5)(b), for “13BB” substitute “13BA”.
15
12    (1)
Section 13A (alteration of registers) is amended as follows.
      (2)
In subsection (1)—
(a)
before paragraph (a) insert—
“(za)
is required by section 10ZC(1) to enter a person in the
register;
20
(zb)
is required by section 10ZD(1) to alter a person’s
entry in the register;”;
(b)
in paragraph (a), after “registration” insert “in Northern Ireland”.
      (3)
In subsection (5), for “13B or 13BA below or section 13BB below” substitute
“section 13B or section 13BA below”.
25
13
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)”.
14
Omit section 13BB (election falling within canvass period).
15
In section 15 (service declaration), in subsection (2), after paragraph (aa)
30
insert—
“(ab)
the registration officer determines in accordance with
regulations that the person was registered as the result of an
application under section 10ZC made by some other person
or that the person’s entry has been altered as the result of an
35
application under section 10ZD made by some other
person,”.
16
In section 54(1) (payment of expenses of registration), after “under this Act”
insert “or the Electoral Registration and Administration Act 2012”.
17
In section 56(1) (registration appeals: England and Wales), for
40
paragraphs (a) and (aa) substitute—
“(a)
from any decision of a registration officer not to register a
person following an application under section 10ZC,

Electoral Registration and Administration Bill
Schedule 4 — Amendments to do with Part 1
24

(aza)
from any decision of a registration officer to register a person
following an application under section 10ZC in a case where
an objection has been made under that section,
(azb)
from any decision of a registration officer not to alter a
register following an application under section 10ZD,
5
(azc)
from any decision of a registration officer to alter a register
following an application under section 10ZD in a case where
an objection has been made under that section,
(azd)
from any decision of a registration officer under
section 10ZE, or any other provision of this Act, as a result of
10
which a person’s entitlement to remain registered terminates,
(aa)
from any decision of a registration officer not to make a
determination under section 10ZE(1) following an objection
under section 10ZE(5)(a),”.
18    (1)
Schedule 2 (provisions which may be contained in regulations as to
15
registration etc) is amended as follows.
      (2)
In paragraph 1—
(a)
in sub-paragraph (2), after “authorising” insert “or requiring”;
(b)
in sub-paragraph (3)(a)—
(i)
for “so required” substitute “by virtue of regulations under
20
sub-paragraph (2) required”;
(ii)
after “so registered” insert “or to determine whether the
person is the person who made the application under section
10ZC or 10ZD”.
      (3)
After paragraph 1A (inserted by Schedule 2) insert—
25
“1B   (1)
Provision as to the information that a registration officer must
request or provide when conducting a canvass in Great Britain
(whether as part of a canvass form or otherwise).
      (2)
Provision authorising or requiring a registration officer in Great
Britain to complete canvass forms in part for people.
30
      (3)
Provision as to the form and contents of declarations to be made
by those responding to a canvass in Great Britain.”
      (4)
In paragraph 3A (regulations as to form and content of applications for
registration etc), after “registration” insert “in Northern Ireland”.
      (5)
After paragraph 3B insert—
35
“3C   (1)
Provision authorising or requiring a registration officer
conducting a canvass in Great Britain to take specified steps for the
purpose of obtaining information where no response is received in
respect of a particular address.
      (2)
Provision authorising or requiring a registration officer in Great
40
Britain to take specified steps to encourage a person to make an
application under section 10ZC or 10ZD in response to an
invitation to do so made by the officer.
      (3)
Examples of the steps that a registration officer may be authorised
or required to take under sub-paragraph (1) or (2) include writing
45

Electoral Registration and Administration Bill
Schedule 4 — Amendments to do with Part 1
25

to the person or visiting the person’s address to speak to the
person.”
      (6)
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”.
5
      (7)
After paragraph 5A insert—
“5B   (1)
Provision as to the steps that a registration officer in Great Britain
must take, before appointing a person as proxy to vote for another,
to ensure that the appointment complies with paragraph 6(3) or
(3A) of Schedule 4 to the Representation of the People Act 2000.
10
      (2)
Provision under sub-paragraph (1) may require another
registration officer (including the Chief Electoral Officer for
Northern Ireland) to provide information about whether the
person has or will have an entry in a register maintained by that
officer.”
15
Representation of the People Act 1985 (c. 50)
19
In section 2 of the Representation of the People Act 1985 (registration of
British citizens overseas), in subsection (2), after paragraph (aa) insert—
“(ab)
the registration officer determines in accordance with
regulations that the person was registered as the result of an
20
application under section 10ZC of the principal Act made by
some other person or that the person’s entry has been altered
as the result of an application under section 10ZD of that Act
made by some other person,”.
Electoral Administration Act 2006 (c. 22)
25
20
In Schedule 1 to the Electoral Administration Act 2006 (amendments), omit
paragraph 6(2).
Political Parties and Elections Act 2009 (c. 12)
21
In the Political Parties and Elections Act 2009 the following are repealed—
(a)
section 23(1) (which inserted section 13BB of the Representation of
30
the People Act 1983);
(b)
sections 30 to 34 (electoral registration: provision of identifying
information);
(c)
sections 35 and 36 (data schemes);
(d)
section 37 (interpretation).
35