SCHEDULE 5 continued PART 3 continued
Electoral Registration and Administration BillPage 30
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
5entitled to be registered.
(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
10comply with a requirement imposed by the officer under sub-paragraph (1).
(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-
15paragraph (4), and
(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
20paid into the Consolidated Fund.
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
25information relating to changes made by Part 1 of this Act.
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.
16
(1)
For the purposes of an absent voting application made on or after the
35commencement date, a person is to be regarded as registered in a register in
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) 40has made a successful new application for registration.
(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 BillPage 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.
17
(1)
5Sub-paragraph (2) 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 the absent voters’ record as the result of an
application made in reliance on the person’s registration in the
register, and
(b)
10the 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
for registration in the register.
(2)
The officer must remove the person’s entry from the absent voters’ record so
15far as the entry concerns elections of the kind to which the register relates.
(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)
20a person is shown in an absent voters’ list 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
commencement date and has not had his or her entitlement to
25remain registered confirmed or made a successful new application
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)
30If a registration officer removes a person’s entry from an absent voters’
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
35person for the purposes of Part 5 or 6 of this Schedule.
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)
40was 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.
Electoral Registration and Administration BillPage 32
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
5proxy’s entitlement to vote) until the registration officer who made the
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
10People Act 2000 (whether made before, on or after the
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)
15“absent voting application” means the application under paragraph
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
20those 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—
(a)
notify the proxy and the existing absent voter in the prescribed
manner, and
(b) 25take any other prescribed steps.
(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.
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
35declaration of local connection, a service declaration or an overseas
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) 40has for the time being an anonymous entry in a register, and
(b)
has had such an entry since immediately before the commencement
date.
Electoral Registration and Administration BillPage 33
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
5to remain registered unless the person has made a successful new
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)
10For the purposes of this paragraph, a relevant person’s entry in a register
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
15section 2(2) of the Representation of the People Act 1985, or
(b) section 9C(1) of the Representation of the People Act 1983;
(as applicable).
22
(1)
20An absent voting application made by a relevant person on or after the
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.
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
30the relevant person makes a successful new application for registration in
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
35People Act 2000 (whether made before, on or after the
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)
40ceases 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.
Electoral Registration and Administration BillPage 34
24 5In this Part of this Schedule “relevant person” means a person who—
(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
(ab) has been registered by virtue of an application of that kind since immediately before the commencement date.
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
15person’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
20comes 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.
26
(1)
An absent voting application made by a relevant person on or after the
25commencement 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.
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
35the 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
40commencement 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 BillPage 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) 5take any other prescribed steps.
28
The Minister may by order make provision for supplementing, or provision
10incidental to, the provision made by 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;
15“prescribed” means prescribed by order made by the Minister;
“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
20Representation of the People Act 1983.
(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
25application made before that date;
(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) 30For the purposes of this Schedule a document may be given to a person—
(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
35effect as if this Schedule were contained in Part 1 of that Act.
(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.