(3) References in this section to a person who is entitled to sign a recall petition or
vote in a recall referendum do not include a person acting as proxy for another
person.

22 Offences

(1) 5A person who signs the same notice of intent to recall or recall petition, or votes
in a recall referendum more than once, commits an offence.

(2) The reference in subsection (1) to signing a recall petition or recall
referendum—

(a) includes signing by post or by proxy, but

(b) 10does not include signing as proxy for another person.

(3) A person who signs the same recall petition or recall referendum as proxy for
the same person more than once commits an offence.

(4) A person who makes a declaration under section 7(2) where that person knows
that the declaration is false, or is reckless as to that fact, commits an offence.

(5) 15The Secretary of State may by regulations extend the provisions of section 60
of the Representation of the People Act 1983 to include a person who signs a
notice of intent to recall or recall petition or votes in a recall referendum where
that person knows or is reckless as to the fact that they are not entitled to do so.

(6) An offence under this section or by virtue of regulations made under this
20section is to be treated—

(a) for the purposes of section 169 of the Representation of the People Act
1983 (mode of prosecution of penalty for illegal practices) as an illegal
practice,

(b) for the purposes of section 173 of that Act (incapacities on conviction of
25corrupt or illegal practice) as an illegal practice under section 61 of that
Act (other voting offences),

(c) for the purposes of section 178 of that Act (prosecution of offences
committed outside the United Kingdom), as an offence under that Act,
and

(d) 30for the purposes of section 112 of the Electoral Law Act (Northern
Ireland) 1962 (c. 14 (N.I.)) (incapacities on conviction of corrupt or
illegal practice) as an illegal practice under paragraph 12A of Schedule
9 to that Act (other voting offences).

(7) The court before which a person is convicted of an offence under or by virtue
35of this section may, if it thinks it just in the specific circumstances of the case,
mitigate or entirely remit any incapacity imposed by virtue of section 173 of the
Representation of the People Act 1983 or section 112 of the Electoral Law Act
(Northern Ireland) 1962.

23 Regulations as to intent to recall process and recall petition process

(1) 40The Secretary of State shall by regulations—

(a) make provision (in addition to that made by or under any other
provision of this Act) about actions that may or must be taken in
relation to a notice of intent to recall or a recall petition; and

(b) make provision about the questioning of the outcome of a notice of
45intent to recall or recall petition and the consequences of irregularities.

(2) The provision that may be made under this section includes—

(a) provision about signing a notice of intent to recall in person or
electronically and a recall petition in person, by post or by proxy;

(b) provision permitting or requiring a returning officer, when performing
5the duty under sections 8(1)(b) and 15(1), to treat a person who signed
the petition as having been entitled to do so;

(c) provision creating a criminal offence or about a criminal offence under
this Act.

(3) The provision that may be made by virtue of subsection (2)(a) includes—

(a) 10provision about what a person must do in order to be regarded as
having signed a notice of intent to recall or a recall petition for the
purposes of this Act;

(b) provision under which an entitlement to sign a notice of intent to recall
or a recall petition may be exercised only where conditions specified in
15the regulations are met;

(c) provision about when a person who signs a recall petition by post is to
be treated as signing it for the purposes of this Act.

(4) The outcome of a notice of intent to recall or a recall petition may be questioned
only in accordance with provision made under subsection (1)(b).

24 20Regulations as to recall referendum

(1) The Secretary of State shall by regulations make provision for or in connection
with a recall referendum held pursuant to section 16(2).

(2) Regulations under subsection (1) may, in particular, include provision—

(a) as to the publicity to be given in connection with a recall referendum
25(including the publicity to be given with respect to the consequences of
the referendum);

(b) as to the conduct of the recall referendum;

(c) as to when, where and how voting in a recall referendum is to take
place;

(d) 30as to how the votes cast in a recall referendum are to be counted;

(e) for disregarding alterations in a register of electors; and

(f) creating a criminal offence or about a criminal offence under this Act.

25 Regulations as to register of electors

(1) The Secretary of State shall by regulations make provision for or in connection
35with the maintenance and alteration of the register of electors.

(2) Regulations under subsection (1) may, in particular, include provision—

(a) as to how applications for registration in the register of electors should
be treated during the period commencing on the date on which a notice
of intent to recall has been deposited under section 7 and ending on the
40date of the determination of a recall referendum held under section
16(2);

(b) make provision for the registration officer appointed under section 8 of
the Representation of People Act 1983 to determine applications to be
entered on and amend the register at specified intervals; and

(c) 45as to the alteration of the register when the annual canvass period falls
within that period.

26 Regulations as to expenses and donations

(1) The Secretary of State shall by regulations and for the purpose of ensuring an
equality of expenditure by different persons who are for and against the recall
of a member from Parliament, make provision about limiting and the reporting
5of the expenditure and donations and other matters towards and in connection
with the recall process.

(2) Regulations made under subsection (1) may make provision creating a
criminal offence and about a criminal offence.

27 Regulations as to extension of recall to local government etc.

(1) 10The Secretary of State may by regulations apply or incorporate, with or
without modifications or exceptions, any provision of or made under this Act
or any other enactment for the purposes of extending a system of recall to the
offices to which this section applies.

(2) This section applies to the following offices—

(a) 15an elected member of—

(i) a local authority within the meaning of section 270(1) of the
Local Government Act 1972,

(ii) the Greater London Authority, in accordance with the Greater
London Authority Act 1999 (that is, the Mayor of London and a
20member of the Assembly for London); and

(b) an elected mayor, which for these purposes—

(i) in relation to England, has the same meaning as in Part 1A of the
Local Government Act 2000, and

(ii) in relation to Wales, has the same meaning as in Part II of the
25Local Government Act 2000, and

(iii) a body established under section 1 of the Police Reform and
Social Responsibility Act 2011 (police and crime commissioner).

28 Recall from Scottish Parliament, Welsh and Northern Irish Assemblies to be
a devolved matter

(1) 30Paragraph B3 of Part II of Schedule 5 to the Scotland Act 1998 (reserved
matters) shall be amended to add the words “(other than in relation to the recall
of members from the Parliament)” after the second reference to “Parliament”.

(2) At the end of paragraph 13, Part 1 of Schedule 7 (devolved matters) to the
Government of Wales Act 2006 add—

35“Recall of members from the Assembly”.

(3) At the end of paragraph 8 of Schedule 3 to the Northern Ireland Act 1998
(reserved matters) add—

“Recall of members from the Assembly”.

29 Role of Electoral Commission

40Schedule 2 (which contains amendments of Part 1 of the Political Parties,
Elections and Referendums Act 2000 relating to the role of the Electoral
Commission in connection with the recall process) has effect.

30 Regulations and orders: general and procedure

(1) Regulations or orders under this Act may—

(a) make consequential, supplementary, incidental, transitional or saving
provision;

(b) 5make different provision for different cases, purposes or areas.

(2) Regulations or orders under this Act may—

(a) apply or incorporate, with or without modifications or exceptions, any
provision of or made under the Representation of the People Acts or
any other enactment relating to elections or referendums;

(b) 10amend any form contained in regulations made under the
Representation of the People Acts, or any other enactment relating to
elections, for use in relation to the recall process.

(3) Regulations and orders under this Act, except for regulations under paragraph
3(10) of Schedule 1, are to be made by statutory instrument.

(4) 15A statutory instrument containing regulations made under this Act may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(5) Section 26 of the Welsh Language Act 1993 (power to prescribe Welsh version)
applies in relation to regulations and orders under this Act as it applies in
20relation to Acts of Parliament.

(6) This section does not apply to an order under section 32 (commencement).

31 Interpretation

(1) In this Act—

• “action” includes omission;

• 25“designated day” has the meaning given in section 11(1)(b);

• “effective number” has the meaning given to it in section 3(1);

• “electoral register” means the register of parliamentary electors
  maintained under section 9(1) of the Representation of the People Act
  1983;

• 30“enactment” includes—

  (a)

  an enactment contained in subordinate legislation (within the
  meaning of the Interpretation Act 1978),

  (b)

  an enactment contained in, or in an instrument made under, an
  Act of the Scottish parliament,

  (c)

  35an enactment contained in, or in an instrument made under,
  Northern Ireland legislation, and

  (d)

  an enactment contained in, or in an instrument made under a
  Measure or Act of the National Assembly for Wales;

• “electoral number” has the meaning given in section 4(2)(a)(i);

• 40“intent to recall process” means the actions taken under or by virtue of this
  Act in relation to a notice of intent to recall during the period—

  (a)

  after the deposit of the notice with the returning office under
  section 7, and

  (b)

  before the issuing of the notice of recall petition;

• 45“member” means a member of the House of Commons;

Recall of Elected Representatives BillPage 14

• “notice of intent to recall” means a notice calling, in terms determined
  under section 5, for a recall petition to be issued;

• “promoter” has the meaning given to it in section 7(5);

• “recall petition” means a petition calling, in terms determined under
  5“promoter” has the meaning given to it in section 7(5);

• “recall petition process” means the actions taken under or by virtue of this
  Act in relation to a recall petition during the period—

  (a)

  after the issuing of the notice of recall petition, and

  (b)

  before the issuing of a notice of recall referendum;

• 10“recall process” means a process which consists of the intent to recall
  process, the recall petition process and the recall referendum process;

• “recall referendum” means a referendum asking, in terms determined
  under section 19, whether the seat of a member should be vacated in
  accordance with this Act;

• 15“recall referendum process” means the actions taken under or by virtue of
  this Act in relation to a recall referendum during the period—

  (a)

  after the issuing of the notice of referendum, and

  (b)

  ending with the date the member’s seat becomes vacant under
  section 20;

• 20“returning officer” has the meaning given by section 2;

• “signing period” has the meaning given by section 11(7);

• “statement in reply” has the meaning given in section 10(1); and

• “statement of reasons” has the meaning given in section 5.

(2) For the purposes of this Act the time at which a member of the House of
25Commons becomes a member of that House is the beginning of the day after
the polling day for the parliamentary election at which the member is elected.

(3) A duty under this Act to notify (however expressed) is a duty to give notice in
writing.

32 Extent, commencement and short title

(1) 30Subject to subsection (2), this Act extends to the whole of the United Kingdom.

(2) An amendment or repeal by this Act has the same extent as the enactment (or
part of the enactment) amended or repealed.

(3) This section comes into force on the day on which this Act is passed.

(4) Otherwise, this Act comes into force on such day as the Secretary of State may
35appoint by order made by statutory instrument.

(5) An order under subsection (4)—

(a) may appoint different days for different purposes, and

(b) may make transitional, transitory or saving provision.

(6) This Act may be cited as the Recall of Elected Representatives Act 2014.

SCHEDULES

Section 2

SCHEDULE 1 Returning officers

Returning officer’s general duty

1 5It is the returning officer’s general duty to do all such acts and things as may
be necessary for effectively dealing with the recall process in accordance
with this Act and regulations and orders made under it.

Performance of returning officer’s functions: delegation, assistance etc

2 (1) Sub-paragraphs (2) and (3) apply in relation to a returning officer for a
10constituency in England, Wales or Scotland.

(2) The returning officer may appoint one or more deputies to discharge any or
all of the returning officer‘s functions conferred under or by virtue of this
Act.

(3) Each local authority whose area falls wholly or partly within the
15constituency must place the services of its officers at the disposal of the
returning officer for the purpose of assisting the returning officer in the
exercise of his or her functions.

(4) In sub-paragraph (3) “local authority” means—

(a) a district council,

(b) 20a county council in England for a county in which there are no
district councils,

(c) a unitary council,

(d) a London borough council,

(e) the Common Council of the City of London,

(f) 25the Council of the Isles of Scilly,

(g) a county council or county borough council in Wales, or

(h) a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c.39)1994 (c.39).

(5) Sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland)
301962 (appointment of temporary deputy, delegation to assistants and
involvement of officers of local authorities) have effect in relation to the
Chief Electoral Officer for Northern Ireland in his or her capacity as a
returning officer in relation to a notice of intent to recall, a recall petition or
a recall referendum.

Expenditure

3 (1) A returning officer may recover charges in respect of services rendered, or
expenses incurred, by the officer for or in connection with any recall process
if—

(a) 5the services were necessarily rendered, or the expenses were
necessarily incurred, for the efficient and effective conduct of the
process, and

(b) the total of the officer’s charges does not exceed the amount (“the
overall maximum recoverable amount”) specified in, or determined
10in accordance with, an order made by the Secretary of State, with the
consent of the Treasury, for the purposes of this sub-paragraph.

(2) An order under sub-paragraph (1) may specify, or make provision for
determining in accordance with the order, a maximum recoverable amount
for services or expenses or any specified description.

(3) 15Subject to sub-paragraph (4), the returning officer may not recover more
than the specified maximum recoverable amount in respect of any specified
services or expenses.

(4) In a particular case, the Secretary of State may, if satisfied that the conditions
in sub-paragraph (5) are met, and with the consent of the Treasury, authorise
20the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any
specified services or expenses.

(5) Those conditions are—

(a) 25that it was reasonable for the returning officer to render the services
or incur the expenses, and

(b) that the charges in question are reasonable.

(6) The amount of any charges recoverable in accordance with this paragraph is
to be paid by the Secretary of State on an account being submitted to the
30Secretary of State.

(7) But the Secretary of State may, before payment, apply for the account to be
taxed under paragraph 4.

(8) Where the superannuation contributions required to be paid by a local
authority in respect of any person are increased by any fee paid under this
35paragraph as part of a returning officer‘s charges, then on an account being
submitted to the Secretary of State a sum equal to the increase must be paid
to the authority by the Secretary of State.

(9) On the request of a returning officer for an advance on account of the
officer’s charges, the Secretary of State may make such an advance on such
40terms as the Secretary of State thinks fit.

(10) The Secretary of State may by regulations make provision as to—

(a) the time when; and

(b) the manner and form in which, accounts are to be rendered to the
Secretary of State for the purposes of the payment of a returning
45officer’s charges.

(11) Any sums required by the Secretary of State for making payments under this
paragraph are to be charged on, and paid out of, the Consolidated Fund.

(12) In this paragraph—

• “local authority” has the same meaning as in paragraph 2(3);

• 5“specified” means specified in, or determined in accordance with, an
  order under sub-paragraph (1).

Taxation of returning officer’s account

4 (1) An application under paragraph 3(7) for a returning officer‘s account to be
taxed is to be made—

(a) 10in the case of a returning officer for a constituency in Scotland, to the
Auditor of the Court of Session, and

(b) otherwise, to a county court.

(2) On such an application the court has jurisdiction—

(a) to tax the account in such manner, and at such time and place, as it
15thinks fit, and

(b) finally to determine the amount payable to the returning officer.

(3) On any such application the returning officer may apply to the court to
examine any claim made by any person (“the claimant”) against the officer
in respect of matters charged in the account.

(4) 20Where an application is made in respect of a claim under sub-paragraph
(3)—

(a) notice of the application must be given to the claimant;

(b) the court must give the claimant an opportunity to be heard and to
tender any evidence;

(c) 25the court may allow, disallow or reduce the claim, with or without
costs; and

(d) the determination of the court is final for all purposes and as against
all persons.

(5) A reference in this paragraph to “the court” includes a reference to the
30Auditor of the Court of Session.

(6) An application under sub-paragraph (1) for taxation of the account of the
Chief Electoral Officer for Northern Ireland must be made to the county
court that has jurisdiction at the place where the officer‘s headquarters are
situated.

Section 29

35SCHEDULE 2 The Role of the Electoral Commission

1 Part 1 of the Political Parties, Elections and Referendums Act 2000 (the
Electoral Commission) is amended as follows.

2 (1) Section 5 (reports on elections and referendums) is amended as follows.

(2) 40In the heading, for “and referendums” substitute”, referendums etc”.

(3) After subsection (3), insert—

“(4) After the conclusion of an intent to recall process, a recall petition
process or a recall referendum process the Commission may prepare
and publish (in such manner as the Commission may determine) a
5report on the administration of the process.”

3 (1) Section 6 (reviews of electoral and political matters) is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

“(ba) such matters relating to recall processes as the Commission
may so determine,”.

(3) 10In subsection (3)—

(a) after paragraph (b) insert—

“(ba) how a member of the House of Commons becomes
the subject of a recall process under the Recall of
Elected Representatives Act 2014;”, and

(b) 15in paragraph (c), for “and (b)” substitute “to (ba)”.

4 In section 6A(1) (attendance of representatives of Commission at elections
etc), after paragraph (b) insert—

“(c) any part of a recall petition process or recall referendum
process which is the responsibility of the returning officer in
20relation to the petition or referendum, as the case may be.”

5 In section 6F (code of practice on attendance of observers at elections etc),
after subsection (1) insert—

“(1A) The code must also cover the attendance of representatives of the
Commission during the recall petition process and recall referendum
25process under the Recall of Elected Representatives Act 2014”.

6 In section 7(2) (Commission to be consulted on changes to electoral law),
after paragraph (j) insert—

“(k) regulations under sections 23 to 27 of the Recall of Elected
Representatives Act 2014.”

7 30In section 10(3)(a) (giving of advice and assistance), after sub-paragraph (ii)
insert—

“(iia) returning officers in relation to any recall process”.

8 In section 21 (interpretation of Part 1), make the existing provision
subsection (1) and after that subsection insert—

“(2) 35In this Part “intent to recall process”, “recall petition process”, “recall
process” and “recall referendum process” have the same meaning as
in the Recall of Elected Representatives Act 2014.”