Electoral Registration and Administration Bill

Session 2012 - 13
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Electoral Registration and Administration Bill

Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 1 — Introduction
26

Schedule 5
Section 12

Transitional provision to do with Part 1
Part 1
Introduction
Applications for registration etc made before commencement
5
1
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).
Meaning of “commencement date”
2
In this Schedule “commencement date” means the date appointed for
10
sections 1 and 4 and Schedule 1 to come fully into force.
Meaning of “new application for registration” and “successful” new application
3     (1)
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—
15
(a)
an application for registration in the register under section 10ZC of
the Representation of the People Act 1983 is made in respect of P, or
(b)
an application for alteration of the register under section 10ZD of
that Act is made in respect of P.
      (2)
For the purposes of this Schedule, a new application for registration is
20
“successful”—
(a)
in the case of an application within sub-paragraph (1)(a), if the officer
determines that P is to be entered in the register (or that P would be
entered in the register had P not already been registered);
(b)
in the case of an application within sub-paragraph (1)(b), if the officer
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determines that P’s entry in the register is to be altered.
Checking of old entries and meaning of “confirmation” of entitlement to remain registered
4     (1)
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.
30
      (2)
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.
35
      (3)
An order under this paragraph may make further provision about checking
or confirming a person’s entitlement to remain registered, including—
(a)
provision of the kind mentioned in paragraph 1A or 13(1ZB)
to (1ZD) of Schedule 2 to the Representation of the People Act 1983
(inserted by Schedule 2 to this Act);
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Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 2 — Removal of existing registrations by end of the second new canvass
27

(b)
provision requiring a registration officer to have regard to guidance
given by the Minister (including guidance of the kind mentioned in
section 1(4));
(c)
provision requiring a registration officer who has confirmed a
person’s entitlement, to notify that person in a specified manner and
5
within a specified period;
(d)
provision requiring the notification to be accompanied by, or
combined with, other documents.
      (4)
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
10
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.
      (5)
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—
15
(a)
the person’s entry in the register was carried forward on the
conclusion of the final old canvass (see paragraph 5(2)),
(b)
the person has made a successful new application for registration in
the register, or
(c)
the person is a relevant person for the purposes of Part 5 or 6 of this
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Schedule.
Part 2
Removal of existing registrations by end of the second new canvass
Removal of certain existing registrations after the first new canvass
5     (1)
A registration officer in Great Britain must, immediately before the
25
publication of a register following the first new canvass, remove the entry of
a person (“P”) if—
(a)
P’s entry was carried forward on the conclusion of the final old
canvass,
(b)
P has not made a new application for registration in the register, and
30
(c)
at the first new canvass, no canvass form has been completed and
returned in respect of P and the address to which the entry relates.
      (2)
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—
(a)
P’s entitlement to remain registered in the register terminated on the
35
conclusion of the final old canvass by virtue of section 10A(5)(a) of
the Representation of the People Act 1983, but
(b)
in accordance with regulations under section 10A(7) of that Act, P’s
entry was not removed from the register.
      (3)
In this paragraph “the final old canvass” means the final canvass under
40
section 10(1) of the Representation of the People Act 1983.
Removal of existing registrations after the second new canvass
6
A registration officer in Great Britain must, immediately before the
publication of a register following the second new canvass, remove the entry
of any person who has neither—
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Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 3 — Encouraging new applications
28

(a)
had his or her entitlement to remain registered confirmed, nor
(b)
made a successful new application for registration in the register.
This Part not to apply to persons within Part 5 or 6 below
7
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
5
Part 5 or 6 of this Schedule.
Part 3
Encouraging new applications
Registration officers to invite applications in year of first new canvass from those with existing
registrations
10
8     (1)
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—
(a)
has an entry in the register but has not had his or her entitlement to
remain registered confirmed, and
15
(b)
has not made a new application for registration.
      (2)
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.
      (3)
The period prescribed for the purposes of this paragraph must begin in the
20
year in which the first new canvass begins.
Powers to delay canvasses and timing of canvasses
9     (1)
The Minister may by order—
(a)
postpone any canvass to be conducted under section 10(1) of the
Representation of the People Act 1983;
25
(b)
make provision about the period during which canvass forms to be
used for the purpose of such a canvass are to be given.
      (2)
The Minister may by order postpone the first new canvass.
      (3)
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
30
purposes of paragraph 8.
      (4)
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.
      (5)
A registration officer is not required, before the commencement date, to do
35
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.
      (6)
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
40
later than the 1 April after it begins.

Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 3 — Encouraging new applications
29

      (7)
An order under sub-paragraph (1) or (2) postponing a canvass does not
postpone or remove a duty to conduct any other canvass.
Canvass forms need not be supplied to addresses to which invitations supplied
10    (1)
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
5
and—
(a)
the officer has given a person an invitation under paragraph 8 in
respect of the address,
(b)
the officer has given a person an invitation under section 9E of the
Representation of the People Act 1983 in respect of the address, or
10
(c)
a person is registered in respect of the address in a register
maintained by the officer and the person’s entitlement to remain
registered in the register has been confirmed.
      (2)
In deciding whether it is necessary to supply a canvass form to an address
the registration officer must, in particular, consider whether supplying the
15
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.
Registration officers to invite applications in year of second new canvass from those with
existing registrations
11    (1)
A registration officer in Great Britain must, on or as soon as reasonably
20
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—
(a)
has an entry in the register but has not had his or her entitlement to
remain registered confirmed, and
25
(b)
has not made a successful new application for registration in the
register.
      (2)
“The relevant date” means whichever of the following comes first—
(a)
the date on which, at the second new canvass, a canvass form is
completed and returned in respect of the address to which the
30
person’s entry in the register relates;
(b)
the date on which it appears to the officer that, at the second new
canvass, no canvass form will be completed and returned in respect
of that address;
(c)
31 October in the year of the second new canvass.
35
      (3)
But the officer need not give an invitation at a time when—
(a)
the officer has reason to believe, from records available to the officer,
that the person is no longer resident at that address, or
(b)
the person has made a new application for registration which has not
been determined.
40
Invitations under paragraph 8 or 11 and power to require application following invitation
12
The Minister may by order make provision in connection with invitations
under paragraph 8 or 11, including provision of the kind mentioned in—
(a)
section 9E(2) and (3) of the Representation of the People Act 1983, or
(b)
paragraph 3C(2) of Schedule 2 to that Act.
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Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 4 — Absent voting
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13    (1)
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.
      (2)
A requirement under sub-paragraph (1) is of no effect if the person is not
entitled to be registered.
5
      (3)
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).
      (4)
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).
10
      (5)
The Minister—
(a)
must by order make provision of the kind mentioned in
paragraphs 2 and 3 of Schedule ZA1 to the Representation of the
People Act 1983 in connection with a civil penalty under sub-
paragraph (4), and
15
(b)
may by order make any other provision of the kind mentioned in
that Schedule in connection with a civil penalty under that sub-
paragraph.
      (6)
A civil penalty under sub-paragraph (4) received by a registration officer is to be
paid into the Consolidated Fund.
20
Power to require additional information on poll cards at 2014 European Parliamentary election
14
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.
25
Certain provisions of this Part not to apply to persons within Part 5 or 6 below
15
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.
Part 4
30
Absent voting
Applicant for absent vote must have made successful new application for registration or had
registration confirmed
16    (1)
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
35
Great Britain only if the person—
(a)
was registered in the register immediately before the
commencement date and has had his or her entitlement to remain
registered confirmed, or
(b)
has made a successful new application for registration.
40
      (2)
“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.

Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 4 — Absent voting
31

      (3)
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.
Entitlement to absent vote ceases after first new canvass if no successful new application for
registration or confirmation of registration
17    (1)
Sub-paragraph (2) applies if, on the day on which a registration officer in
5
Great Britain publishes a register following the first new canvass—
(a)
a person is shown in the absent voters’ record as the result of an
application made in reliance on the person’s registration in the
register, and
(b)
the person was registered in the register immediately before the
10
commencement date and has not had his or her entitlement to
remain registered confirmed or made a successful new application
for registration in the register.
      (2)
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.
15
      (3)
“Absent voters’ record” means the record kept under paragraph 3 of
Schedule 4 to the Representation of the People Act 2000.
      (4)
Sub-paragraph (5) applies if, on the day on which a registration officer in
Great Britain publishes a register following the first new canvass—
(a)
a person is shown in an absent voters’ list as the result of an
20
application made in reliance on the person’s registration in the
register, and
(b)
the person was registered in the register immediately before the
commencement date and has not had his or her entitlement to
remain registered confirmed or made a successful new application
25
for registration in the register.
      (5)
The officer must remove the person’s entry from the absent voters’ list.
      (6)
“Absent voters’ list” means the list mentioned in paragraph 5(2) or (3) of
Schedule 4 to the Representation of the People Act 2000.
      (7)
If a registration officer removes a person’s entry from an absent voters’
30
record or list, the officer must—
(a)
notify the person in the prescribed manner, and
(b)
take any other prescribed steps.
      (8)
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.
35
Proxies to have made successful new application for registration or had registration confirmed
18
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—
(a)
was registered in the register immediately before the
40
commencement date and has had his or her entitlement to remain
registered confirmed, or
(b)
has made a successful new application for registration.

Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 5 — Persons with existing registrations by virtue of declarations etc
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Proxy for existing absent voter need not have made successful new application for registration
or had registration confirmed until after first new canvass
19    (1)
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
5
appointment publishes the relevant register following the first new canvass.
      (2)
In this paragraph—
(a)
“proxy appointment” means an appointment of a person as proxy
under paragraph 6(7) or (8) of Schedule 4 to the Representation of the
People Act 2000 (whether made before, on or after the
10
commencement date);
(b)
“existing absent voter”, in relation to a proxy appointment, means a
person whose absent voting application was made before the
commencement date;
(c)
“absent voting application” means the application under paragraph
15
3(2) or 4(2) or (3) of Schedule 4 to the Representation of the People
Act 2000 by virtue of which the proxy appointment is made;
(d)
“relevant register” means the register in which the existing absent
voter is registered and which relates to elections of the same kind as
those to which the proxy appointment relates.
20
      (3)
If a proxy appointment ceases to be in force because sub-paragraph (1)
ceases to preserve it, the officer must—
(a)
notify the proxy and the existing absent voter in the prescribed
manner, and
(b)
take any other prescribed steps.
25
      (4)
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.
Part 5
Persons with existing registrations by virtue of declarations etc
Meaning of “relevant person”
30
20    (1)
In this Part of this Schedule “relevant person” means a person who falls
within sub-paragraph (2) or (3).
      (2)
A person falls within this sub-paragraph if the person—
(a)
is for the time being registered in a register in pursuance of a
declaration of local connection, a service declaration or an overseas
35
elector’s declaration, and
(b)
has been registered in pursuance of a declaration of that kind since
immediately before the commencement date.
      (3)
A person falls within this sub-paragraph if the person—
(a)
has for the time being an anonymous entry in a register, and
40
(b)
has had such an entry since immediately before the commencement
date.