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 5 — Persons with existing registrations by virtue of declarations etc
33

Relevant person’s first renewal of registration after 3-month transitional period: successful
new application required
21    (1)
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
5
application for registration (in addition to complying with any other
requirements).
      (2)
“Transitional period” means the period of 3 months beginning with the
commencement date.
      (3)
For the purposes of this paragraph, a relevant person’s entry in a register
10
comes up for renewal when an event mentioned in the applicable provision
occurs in relation to that entry.
      (4)
“The applicable provision” means—
(a)
section 7C(2) or 15(2) of the Representation of the People Act 1983 or
section 2(2) of the Representation of the People Act 1985, or
15
(b)
section 9C(1) of the Representation of the People Act 1983;

(as applicable).
Application for absent vote before first renewal of registration after 3-month transitional
period: relevant person need not have made successful new application for registration
22    (1)
An absent voting application made by a relevant person on or after the
20
commencement date is not to be refused merely because the person has not
made a successful new application for registration (but see paragraph 21).
      (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.
Proxy for relevant person need not have made successful new application for registration until
25
relevant person’s first successful new application for registration
23    (1)
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
30
the relevant register.
      (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
35
commencement date);
(b)
“relevant register” means the register which relates to elections of the
same kind as those to which the proxy appointment relates.
      (3)
If a proxy appointment ceases to be in force because sub-paragraph (1)
ceases to preserve it, the officer must—
40
(a)
notify the proxy and the relevant person in the prescribed manner,
and
(b)
take any other prescribed steps.

Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 6 — Persons with existing registrations by virtue of section 7(2) or 7A(2) of theRepresentation of the People Act 1983
34

Part 6
Persons with existing registrations by virtue of section 7(2) or 7A(2) of
the Representation of the People Act 1983
Meaning of “relevant person”
24
In this Part of this Schedule “relevant person” means a person who—
5
(a)
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
(b)
has been registered by virtue of an application of that kind since
immediately before the commencement date.
10
Amendments not to apply to application made by relevant person before first renewal of
registration after 3-month transitional period
25    (1)
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
15
person’s entry in a register comes up for renewal during the transitional
period.
      (2)
“Transitional period” means the period of 3 months beginning with the
commencement date.
      (3)
For the purposes of this paragraph, a relevant person’s entry in a register
20
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.
Application for absent vote before first renewal of registration after 3-month transitional
period: relevant person need not have made successful new application for registration
26    (1)
An absent voting application made by a relevant person on or after the
25
commencement date is not to be refused merely because the person has not
made a successful new application for registration (but see paragraph 25).
      (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.
Proxy for relevant person need not have made successful new application for registration until
30
relevant person’s first successful new application for registration
27    (1)
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
35
the relevant register.
      (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
40
commencement date);
(b)
“relevant register” means the register which relates to elections of the
same kind as those to which the proxy appointment relates.

Electoral Registration and Administration Bill
Schedule 5 — Transitional provision to do with Part 1
Part 7 — Supplementary
35

      (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 relevant person in the prescribed manner,
and
(b)
take any other prescribed steps.
5
Part 7
Supplementary
Power to make supplementary provision
28
The Minister may by order make provision for supplementing, or provision
incidental to, the provision made by this Schedule.
10
Interpretation of this Schedule
29    (1)
In this Schedule—
“the first new canvass” means the first canvass under section 9D of the
Representation of the People Act 1983;
“prescribed” means prescribed by order made by the Minister;
15
“the second new canvass” means the second canvass under section 9D
of the Representation of the People Act 1983.
      (2)
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.
20
      (3)
In this Schedule—
(a)
references to a person who is registered in a register immediately
before the commencement date include a person who becomes
registered in the register on or after that date as the result of an
application made before that date;
25
(b)
references to a person who has an anonymous entry in a register
immediately before the commencement date include a person whose
anonymous entry is made in the register on or after that date as the
result of an application made before that date.
      (4)
For the purposes of this Schedule a document may be given to a person—
30
(a)
by delivering it to the person,
(b)
by leaving it at the person’s address, or
(c)
by sending it to the person by post.
      (5)
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.
35
      (6)
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.