Electoral Registration and Administration Bill

Session 2012 - 13
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Other Bills before Parliament

Electoral Registration and Administration Bill

Electoral Registration and Administration Bill
Part 2 — Administration and conduct of elections etc
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Interpretation of Part 1
In this Part—
“modify” includes amend, repeal or revoke;
“register” means a register of parliamentary electors or local government
electors maintained by a registration officer in Great Britain;
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“registration officer” has the same meaning as in the Representation of the
People Act 1983 (see section 8 of that Act);
“subordinate legislation” has the same meaning as in the Interpretation
Act 1978.
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Amendments and transitional provision
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(1)
Schedule 4 contains amendments to do with this Part.
(2)
Schedule 5 makes transitional provision to do with this Part.
(3)
In relation to an offence committed in England and Wales before the
commencement of section 154(1) of the Criminal Justice Act 2003, the reference
to 12 months in paragraph 13(1ZD)(a) of Schedule 2 to the Representation of
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the People Act 1983 (inserted by Schedule 2 to this Act) is to be read as a
reference to 6 months.
(4)
In relation to an offence committed in England and Wales before the
commencement of section 281(5) of the Criminal Justice Act 2003, the reference
to 51 weeks in paragraph 13(1ZD)(b) of Schedule 2 to the Representation of the
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People Act 1983 (inserted by Schedule 2 to this Act) is to be read as a reference
to 6 months.
Part 2
Administration and conduct of elections etc
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Extension of timetable for parliamentary elections
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(1)
In section 3(1) of the Fixed-term Parliaments Act 2011 (Parliament to be
dissolved on 17th working day before polling day), for “17th” substitute
“25th”.
(2)
Schedule 1 to the Representation of the People Act 1983 (parliamentary
elections rules) is amended in accordance with subsections (3) to (5).
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(3)
In the Timetable in rule 1, in the entry relating to “Polling”, in column 3 (polling
day for by-election to be on 9th to 11th day after last day for delivery of
nomination papers)—
(a)
for “ninth” substitute “17th”, and
(b)
for “eleventh” substitute “19th”.
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(4)
In rule 30(3) (notice of appointment of polling and counting agents to be given
no later than the second day before the poll), for “second” substitute “5th”.
(5)
In rules 61(9), 63(9) and 64(6) (where election candidate dies, fresh poll to be
held 15 to 19 days after day on which election writ treated as received)—
(a)
for “15” substitute “21”, and
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(b)
for “19” substitute “27”.

Electoral Registration and Administration Bill
Part 2 — Administration and conduct of elections etc
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(6)
In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I.
2001/2599 (N.I.)), in the entry for rule 30, omit the words in the second column.
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Timing of parish and community council elections in England and Wales
(1)
Section 16 of the Representation of the People Act 1985 (postponement of
parish and community council elections in England and Wales) is repealed.
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(2)
In section 29(5) of that Act (provisions which do not extend to Northern
Ireland), for “16 to 18” substitute “17 and 18”.
(3)
In section 40(1) of the Representation of the People Act 1983 (effect of bank
holidays etc on timing of elections), omit “or section 16 of the Representation
of the People Act 1985”.
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Alteration of electoral registers: pending elections
(1)
The Representation of the People Act 1983 is amended as follows.
(2)
In section 13A (alteration of registers)—
(a)
in subsection (4), after “section” insert “13AB(2),”;
(b)
in subsection (5), after “this section, section” insert “13AB,”.
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(3)
After that section insert—
“13AB
Alteration of registers: interim publication dates
(1)
Subsections (2) and (3) apply in relation to an interim publication date
where—
(a)
at any time before the interim publication date, section 13A
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applies to a registration officer (by virtue of section 13A(1)) in
connection with a determination, requirement or decision
within section 13A(1)(za), (zb), (b), (c) or (d),
(b)
in consequence of the determination, requirement or decision
an entry relating to a person falls to be made in (or removed
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from) the register in respect of an address in the relevant
election area, and
(c)
no alteration made in consequence of the determination,
requirement or decision has already taken effect, or is due to
take effect, under a relevant provision on or before the interim
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publication date.
(2)
On the interim publication date the registration officer must issue, in
the prescribed manner, a notice specifying the appropriate alteration in
the register.
(3)
The alteration takes effect from the beginning of the interim publication
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date.
(4)
There are two interim publication dates (in relation to a registration
officer and an election to which this section applies).
(5)
The first interim publication date is the last day on which nomination
papers may be delivered to the returning officer for the purposes of the
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election.

Electoral Registration and Administration Bill
Part 2 — Administration and conduct of elections etc
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(6)
The second interim publication date is to be determined by the
registration officer, but must be a day after the first interim publication
date and before the appropriate publication date.
(7)
In subsection (1)(c) “relevant provision” means—
(a)
in relation to the first interim publication date, section 13A(2);
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(b)
in relation to the second interim publication date, section 13A(2)
and subsection (3) as it applies in relation to the first interim
publication date.
(8)
This section applies to—
(a)
parliamentary elections in England, Wales or Scotland;
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(b)
elections in England, Wales or Scotland to the European
Parliament;
(c)
elections to the Scottish Parliament;
(d)
elections to the National Assembly for Wales;
(e)
local government elections in England, Wales or Scotland;
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(f)
elections of police and crime commissioners in England and
Wales.
(9)
Subsections (5) and (6) of section 13B apply for the purposes of this
section as they apply for the purposes of that section.”
(4)
In section 13B(2) (alteration of registers in Great Britain: pending elections),
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after “subsection (2) of that section” insert “or section 13AB(3)”.
(5)
In section 56 (registration appeals: England and Wales)—
(a)
in subsection (4), after “13A” insert “, 13AB”;
(b)
in subsection (4A), after “13A(2)” insert “, 13AB(3)”.
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Review of polling districts and places in Great Britain
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In section 18C of the Representation of the People Act 1983 (review of polling
districts and places), for subsections (1) to (5) substitute—
“(1)
A relevant authority must during each compulsory review period carry
out and complete—
(a)
a review under section 18A of all the polling districts in its area,
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and
(b)
a review under section 18B of all the polling places in its area.
(2)
The compulsory review periods are—
(a)
the period of 16 months beginning with 1st October 2013, and
(b)
the period of 16 months beginning with 1st October of every
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fifth year after that.
(3)
Subsection (1) does not prevent a relevant authority carrying out a
review of some or all of the polling districts or polling places in its area
at other times.”
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Inadequate performance of returning officer: reduction of charges
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(1)
In section 29(3) of the Representation of the People Act 1983 (payments by and
to a returning officer) at the beginning insert “Subject to section 29A,”.

Electoral Registration and Administration Bill
Part 2 — Administration and conduct of elections etc
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(2)
After section 29 of that Act insert—
“29A
Inadequate performance of returning officer: reduction of charges
(1)
This section applies to a service rendered by a returning officer for or in
connection with a parliamentary election in Great Britain which, in the
opinion of the Electoral Commission, was inadequately performed.
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(2)
The Commission may recommend to the Secretary of State that the
returning officer is entitled under section 29(3) to no more than a
specified amount (which may be nil) in respect of that service.
(3)
In making a recommendation under subsection (2), the Commission
must have regard to—
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(a)
any report prepared under section 5 of the Political Parties,
Elections and Referendums Act 2000 on the administration of
the parliamentary election concerned,
(b)
any assessments of the level of performance of the returning
officer in relation to that election under section 9B(4) of that Act,
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(c)
any representations made to the Commission by the returning
officer in respect of the performance of the service, and
(d)
any other information relating to the performance of the service
by the returning officer that has been provided to the
Commission.
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(4)
Where the Commission makes a recommendation under subsection (2),
the returning officer is entitled under section 29(3) to no more than the
amount (which may be nil) determined by the Secretary of State, having
regard to the recommendation by the Commission.”
(3)
In paragraph 107 of Schedule 1 to the Electoral Administration Act 2006
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(amendment to section 29 of the 1983 Act) in sub-paragraph (2), in substituted
subsection (3), at the beginning insert “Subject to section 29A,”.
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Use of emblems on ballot papers
(1)
Rule 19 of Schedule 1 to the Representation of the People Act 1983 (ballot
papers for parliamentary elections) is amended as follows.
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(2)
After paragraph (2A) insert—
  “(2AA)
If a candidate who is the subject of an authorisation by two or more
parties under rule 6A(1B) so requests, the ballot paper shall contain,
against the candidate’s particulars, the registered emblem (or, as the
case may be, one of the registered emblems) of one of those parties.”
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(3)
In paragraph (2B), for “The request” substitute “A request under paragraph
(2A) or (2AA)”.
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Community support officers
(1)
In Schedule 1 to the Representation of the People Act 1983 (parliamentary
elections rules), in rule 31 (notification of requirement of secrecy), make the
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existing provision paragraph (1) and after that paragraph insert—
    “(2)
In the application of this rule to an election in England or Wales, a
reference to a constable includes a person designated as a

Electoral Registration and Administration Bill
Part 2 — Administration and conduct of elections etc
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community support officer under section 38 of the Police Reform Act
2002 (police powers for employees).”
(2)
In rule 32 of that Schedule (admission to polling station), after paragraph (4)
insert—
    “(5)
In the application of this rule to an election in England or Wales, a
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reference to a constable includes a person designated as a
community support officer under section 38 of the Police Reform Act
2002 (police powers for employees).”
(3)
In Schedule 4 to the Representation of the People Act 2000 (absent voting in
Great Britain), in paragraph 2 (manner of voting at parliamentary or local
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government elections), after sub-paragraph (5) insert—
  “(5ZA)
In the application of sub-paragraph (5) to an election in England or
Wales, a reference to a constable includes a person designated as a
community support officer under section 38 of the Police Reform Act
2002 (police powers for employees).”
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Notification of rejected postal vote
(1)
In Schedule 4 to the Representation of the People Act 2000 (absent voting in
Great Britain), after paragraph 7D insert—
“Notification of rejected postal vote
7E    (1)
Regulations may make provision as to circumstances in which,
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following the close of the poll at a parliamentary or local government
election, a registration officer must—
(a)
notify a person that the person’s postal ballot paper has been
rejected, and
(b)
where such notification is required to be given to a person
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appointed as proxy to vote for another (“the elector”) in
respect of a proxy postal ballot paper, notify the elector that
the ballot paper has been rejected.
      (2)
For the purposes of sub-paragraph (1), a postal ballot paper is
“rejected” if it was not taken to have been duly returned in
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accordance with the appropriate rules because the returned postal
voting statement was not duly completed.
      (3)
Regulations under this paragraph may include provision as to—
(a)
the information to be notified (which may include
information as to the respect in which the postal voting
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statement was not duly completed);
(b)
the time within which the notification is to be given;
(c)
the way in which it is to be given.
Regulations under paragraph 7E in relation to local government elections in Scotland
7F    (1)
The power to make regulations under paragraph 7E in relation to
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local government elections in Scotland is exercisable by the Scottish
Ministers.

Electoral Registration and Administration Bill
Part 3 — Final provisions
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      (2)
Regulations made by the Scottish Ministers by virtue of this
paragraph are subject to the affirmative procedure.
      (3)
Such regulations may—
(a)
make different provision for different cases, circumstances or
areas;
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(b)
contain such incidental, supplemental, saving or transitional
provision as the Scottish Ministers think fit.”
(2)
In section 7 of the Political Parties, Elections and Referendums Act 2000
(Electoral Commission to be consulted on changes to Electoral Law), after
subsection (2)(e) insert—
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“(ea)
regulations made by virtue of paragraph 7F of Schedule 4 to the
Representation of the People Act 2000 (regulations made by the
Scottish Ministers about notification of rejected postal votes in
relation to local government elections in Scotland);”.
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Repeal of powers to establish co-ordinated on-line record of electors
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(1)
Part 1 of the Electoral Administration Act 2006 (co-ordinated on-line record of
electors) is repealed.
(2)
The table contains consequential repeals.

Short title
Extent of repeal

Representation of the
In section 10ZB—

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People Act 1983
(a)
in subsection (5), paragraph

(b) and the “or” before it;

(b)
subsections (6) and (8).

Political Parties, Elections
Section 20A.

and Referendums Act 2000

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Electoral Administration
Section 77(1)(a) to (g).

Act 2006

Northern Ireland
In Schedule 4, paragraph 8.

(Miscellaneous Provisions)

Act 2006

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Political Parties and
Sections 28 and 29.

Elections Act 2009

Part 3
Final provisions
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Financial provisions
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(1)
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown in consequence of this
Act, and

Electoral Registration and Administration Bill
Part 3 — Final provisions
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(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
(2)
There is to be paid out of the Consolidated Fund any increase attributable to this Act
in the sums payable under any other Act out of that Fund.
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Meaning of “the Minister” etc
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(1)
In this Act “the Minister” means the Lord President of the Council or the
Secretary of State.
(2)
In article 3(1) of the Lord President of the Council Order 2010 (S.I. 2010/1837)
(which makes certain functions of the Secretary of State exercisable
concurrently with the Lord President) a reference to an enactment that is
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amended by this Act is to that enactment as amended.
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Extent
An amendment or repeal made by this Act has the same extent as the
enactment (or part of an enactment) amended or repealed.
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Commencement
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(1)
Parts 1 and 2 of this Act come into force on such day as the Minister may by
order made by statutory instrument appoint.
(2)
This Part comes into force on the day on which this Act is passed.
(3)
An order under subsection (1) may appoint different days for different
purposes (including different days for different parts of the United Kingdom).
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(4)
The Minister may by order made by statutory instrument make transitional,
transitory or saving provision in connection with the coming into force of any
provision of this Act.
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Short title
This Act may be cited as the Electoral Registration and Administration Act
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2012.