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Lords Amendments to the Electoral Registration and Administration Bill


 
 

 

LORDS amendments to the

Electoral Registration and Administration Bill

[The page and line references are to HL Bill 33, the bill as first printed for the Lords.]

Clause 2

1

Page 2, leave out lines 13 to 28 and insert—

 

“(2A)  

Provision made under sub-paragraph (2) authorising or

 

requiring a registration officer in Great Britain to—

 

(a)    

require a person who has made an application under

 

section 10ZC or 10ZD to provide evidence that he or she

 

is the person named in the application, or

 

(b)    

require a person who has made an application under

 

section 10ZC or 10ZD, or any person who has an entry in

 

a register, to provide evidence for the purpose of enabling

 

the officer to determine whether a person is entitled to be

 

registered in a register maintained by the officer,

 

            

must specify the kind of evidence that a person may be required

 

to provide (for examples, see paragraph 3ZA(5)).”

2

Page 3, line 4, leave out from “(3)” to end of line 7 and insert “must specify the kind

 

of evidence that a person is required to provide”

3

Page 3, line 8, leave out from “that” to “person’s” in line 9 and insert “may be

 

specified include a”

4

Page 3, line 19, at end insert—

 

“( )    

In section 201 of the Representation of the People Act 1983 (regulations),

 

before subsection (3) insert—

 

“(2C)    

Regulations made for the purposes only of omitting a particular

 

kind of evidence from the kinds of evidence that a person is or may

 

be required to provide by virtue of regulations under paragraph

 

1(2A) or 3ZA(3) of Schedule 2 shall be subject to annulment in

 

pursuance of a resolution of either House of Parliament (and

 

subsection (2) does not apply to regulations made for those

 

purposes only).””

 
 
Bill 12755/2

 
 

2

 

After Clause 5

5

Insert the following new Clause—

 

“Amendment of Parliamentary Constituencies Act 1986

 

(1)    

In section 3(2)(a) of the Parliamentary Constituencies Act 1986 (timing of

 

Boundary Commission reports), for “before 1st October 2013” substitute

 

“before 1st October 2018 but not before 1st September 2018”.

 

(2)    

In section 11(2) of the Parliamentary Voting System and Constituencies Act

 

2011, for “1 October 2013” substitute “1 October 2018”.

 

(3)    

In section 14(3) of that Act, for “2015” (in both places) substitute “2020”.”

Clause 10

6

Page 7, line 34, at end insert “(but paragraph 27A of Schedule 5 contains an

 

exception to this)”

After Clause 17

7

Insert the following new Clause—

 

         

“Voters waiting at polling station at close of poll

 

(1)    

Schedule 1 to the Representation of the People Act 1983 (parliamentary

 

election rules) is amended as follows.

 

(2)    

In rule 37 (voting procedure) as it extends to England and Wales and

 

Scotland, after paragraph (6) insert—

 

  “(7)  

A voter who at the close of the poll is in the polling station, or in

 

a queue outside the polling station, for the purpose of voting

 

shall (despite the close of the poll) be entitled to apply for a ballot

 

paper under paragraph (1); and these rules apply in relation to

 

such a voter accordingly.”

 

(3)    

In rule 37 (voting procedure) as it extends to Northern Ireland, after

 

paragraph (3) insert—

 

  “(4)  

A voter who at the close of the poll is in the polling station, or in

 

a queue outside the polling station, for the purpose of voting

 

shall (despite the close of the poll) be entitled to apply for a ballot

 

paper under paragraph (1); and these rules apply in relation to

 

such a voter accordingly.””

Clause 25

8

Page 14, line 16, at beginning insert “Subject as follows,”

9

Page 14, line 17, at end insert—

 

“(1A)    

Paragraph 27A of Schedule 5 comes into force at the end of the period of 2

 

months beginning with the day on which this Act is passed.”

10

Page 14, line 20, at end insert—


 
 

3

 
 

“(3A)    

An order under subsection (1) bringing into force any provision of section

 

(Voters waiting at polling station at close of poll) may—

 

(a)    

make provision in consequence of, or for giving full effect to, that

 

section, or

 

(b)    

make supplementary or incidental provision for the purposes of

 

that section.

 

(3B)    

An order made by virtue of subsection (3A) may—

 

(a)    

modify any Act (whenever passed), including any provision

 

inserted by a provision of this Act apart from section (Voters waiting

 

at polling station at close of poll), or

 

(b)    

modify subordinate legislation (whenever made).

 

(3C)    

An order made by virtue of subsection (3A) that contains provision

 

modifying an Act may not be made unless a draft of the statutory

 

instrument containing it has been laid before and approved by a resolution

 

of each House of Parliament.

 

(3D)    

Any other order made by virtue of subsection (3A) is subject to annulment

 

in pursuance of a resolution of either House of Parliament.

 

(3E)    

In this section—

 

“modify” includes amend, repeal or revoke;

 

“subordinate legislation” has the same meaning as in the

 

Interpretation Act 1978.”

11

Page 14, line 23, at end insert “or of any provision of an order made by virtue of

 

subsection (3A)”

Schedule 4

12

Page 22, line 20, at end insert—

 

“(b)    

omit paragraph (c) and the “or” before it.”

13

Page 23, line 15, leave out “In section 13(5)(b),” and insert—

 

    “(1)  

Section 13 (publication of registers) is amended as follows.

 

      (2)  

In subsection (2)(b), after “13A(3)” insert “or (3A)”.

 

      (3)  

In subsection (5)(b),”

14

Page 23, line 23, at end insert—

 

    “( )  

After subsection (3) insert—

 

“(3A)    

Subsection (2)(a)(ii) also does not require a registration officer in

 

Great Britain to issue a notice under subsection (2) in a case

 

where the month which follows that in which the relevant time

 

falls is the month containing the date on which a revised version

 

of the register is next due to be published in accordance with

 

section 13(1)(a); and in such a case the alteration in question shall

 

be made in that revised version of the register.””

15

Page 23, line 37, at end insert—

 

“   (1)  

Section 49 (effect of registers) is amended as follows.

 

      (2)  

In subsection (5)—


 
 

4

 
 

(a)    

in paragraph (b), for the words from “is not” to “was not”

 

substitute “is not or was not at any particular time”;

 

(b)    

in paragraph (c), for the words from “is, or” to “was,” substitute

 

“is or was at any particular time”.

 

      (3)  

Omit subsection (6).”

16

Page 24, line 14, at end insert—

 

“          

In section 62 (offences as to declarations), in subsection (1A), for “section

 

9B(1)(b)” substitute “section 9B(1A)(a)”.”

17

Page 24, line 26, leave out “must request or provide” and insert “may or must

 

require persons to give by virtue of regulations under paragraph 1(2), or must

 

provide to persons,”

18

Page 25, line 24, at end insert—

 

“Representation of the People Act 2000 (c. 2)

 

            

In Schedule 1 to the Representation of the People Act 2000 (registration:

 

amendments of Representation of the People Act 1983), omit paragraph

 

12(3) and (4).”

19

Page 25, line 27, leave out “paragraph” and insert “paragraphs 4(2), 5 and”

Schedule 5

20

Page 27, line 44, leave out “second new canvass” and insert “third new canvass”

21

Page 35, line 7, at end insert—

 

“Power to bring forward effect of paragraph 6

 

27A(1)  

The Minister may by order provide for paragraph 6 to have effect as if

 

the reference to the third new canvass were a reference to the second

 

new canvass.

 

      (2)  

An order under sub-paragraph (1) may be made only in the period of

 

3 months beginning with 1 June in the year in which the second new

 

canvass begins.

 

      (3)  

A statutory instrument containing provision under sub-paragraph (1)

 

only is subject to annulment in pursuance of a resolution of either House

 

of Parliament (and section 10(2) does not apply to it).”

22

Page 35, line 17, at end insert—

 

““the third new canvass” means the third canvass under section 9D of

 

the Representation of the People Act 1983.”

In the Title

23

Line 2, at end insert “; and to amend section 3(2)(a) of the Parliamentary

 

Constituencies Act 1986”


 
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