Session 2012-13
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Electoral Registration and Administration Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 22nd October 2012, as follows—
Clause 1 Schedule 1 Clause 2 Schedule 2 Clauses 3 to 5 | Schedule 3 Clauses 6 to 12 Schedules 4 and 5 Clauses 13 to 26 |
[Amendments marked * are new or have been altered]
Clause 1
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
1*
Page 2, line 8, at end insert “, but only if the Electoral Commission believes that the new electoral system is operating effectively”
Schedule 1
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
2*
Page 16, line 20, at end insert—
“( ) The Minister must ensure that a formal appeals process is in place for any person in respect of whose registration a determination has been made under subsection (1).”
Clause 2
LORD WALLACE OF SALTAIRE
3
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)).”
LORD RENNARD
LORD TYLER
4
Page 2, line 32, after “description)” insert “, and must require a registration to an officer to impose a civil penalty (under section 9E of the Representation of the People Act 1983) where a person refuses to give information prescribed in regulations under this section”
5
Page 2, line 36, after “applications” insert “, including, in particular, reference to the civil penalty that may be imposed on a person under section 9E of the Representation of the People Act”
LORD WALLACE OF SALTAIRE
6
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”
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
7*
Page 3, line 4, leave out from “(3)” to end of line 9 and insert “will require a person to provide their date of birth and National Insurance number”
LORD WALLACE OF SALTAIRE
8
Page 3, line 8, leave out from “that” to “person’s” in line 9 and insert “may be specified include a”
9
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).””
Schedule 2
LORD RENNARD
LORD TYLER
10
Page 17, line 15, at end insert—
“(1A) Provision under sub-paragraph (1) must authorise or require institutions providing secondary education (as defined by section 2A of the Education Act 1996), the Student Loans Company Limited, the Driver Vehicle Licensing Agency, tenancy deposit schemes (as defined by section 212 of the Housing Act 2004), and credit referencing agencies (as defined by section 145(8) of the Consumer Credit Act 1974), to disclose information to another person for the purpose of assisting a registration officer in Great Britain.”
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
11*
Page 18, line 27, at end insert—
“4A In section 53 of the Representation of the People Act 1983 (power to make regulations as to registration, etc), after subsection (1) insert—
“( ) Provisions shall be made by regulations requiring local authorities to share data with a registration officer in Great Britain for the purpose of—
(a) verifying information relating to a person who is registered in a register maintained by the officer or who is named in an application for registration in, or alteration of, a register;
(b) ascertaining the names and addresses of people who are not registered but who are entitled to be registered; or
(c) identifying those people who are registered but who are not entitled to be registered.
( ) Registration officers in Great Britain are to be under an obligation to utilise such information for these purposes.””
Clause 4
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
12*
Page 3, line 39, leave out from “canvass” to end and insert—
“( ) The annual canvass must be held during the month of October every year in relation to the area for which the officer acts.”
13*
Page 4, line 6, at end insert—
“( ) Each local authority must write once a year to each address in their Local Land and Property Gazetteer (in Scotland the local addresses in the One Scotland Gazetteer).
( ) Local authorities must also write to those properties not listed in the Gazetteer but which the local authority believes have been built in the previous two years.
( ) In addition, the local authority should write to every property from which an electoral registration form has been returned within the past 10 years, except where the officer has good reason to believe that the property is no longer residential or has been demolished.
( ) The local authority should write to each property to which it has served a notice for charges or taxes within the previous five years.”
14*
Page 4, line 9, leave out “may” and insert “must”
15*
Page 4, line 13, at end insert—
“( ) All higher and further education institutions must co-operate with local officers in providing a comprehensive list of students in all forms of residential accommodation.
( ) Such lists must be provided at the start of each academic year.
( ) Local authority officers must write individually to all students with an electoral registration form.”
16*
Page 4, line 13, at end insert—
“( ) In all forms of sheltered accommodation, the person with responsibility for managing an individual premises must provide a list on an annual basis of individual residents to the local authority officer.
( ) The local authority officer must write individually to all residents whose names have been provided on such lists.”
17*
Page 4, line 13, at end insert—
“( ) All private landlords must provide the relevant local authority on an annual basis with a list of all individuals to whom they rent residential accommodation.
( ) The local authority officer must write individually to all residents whose names have been provided on such lists.”
Clause 5
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
18*
Page 4, line 32, at end insert—
“( ) A local authority must include a statement about the importance of electoral registration in its annual communication with residents relating to the payment of council tax.”
19*
Page 4, line 32, at end insert—
“( ) There will be a duty on local authorities to ensure that individuals are invited to register when those individuals are invited to register when those individuals move into the area of the local authority and register for council tax purposes.”
20*
Page 4, line 32, at end insert—
“( ) There will be a duty on Government departments with responsibility for welfare payments, pensions, driving licenses, revenues collection, National Insurance and passport application to invite people to register at the point a citizen accesses or applies for benefits of services.”
LORD RENNARD
LORD TYLER
21
Page 5, line 2, leave out “may” and insert “must”
22
Page 5, line 12, leave out “may” and insert “must”
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
23*
Page 5, line 14, at end insert—
“( ) The civil penalty shall be £100.”
24*
Page 5, line 15, at end insert—
“( ) Regulations under subsection (2) must require registration officers to include on electoral registration forms a clear explanation that the electoral register is used for other civic purposes.
( ) There should also be a clear explanation that the electoral register is used for assessing an individual’s worthiness and ability to sustain mortgage repayments.”
After Clause 5
LORD LEXDEN
LORD NORTON OF LOUTH
25
Insert the following new Clause—
“Representation of the People Act 1985 (Amendment)
(1) The Representation of the People Act 1985 is amended as follows.
(2) In section 1 (extension of parliamentary franchise) omit subsections (3)(c) and (4)(a).
(3) In section 3 (extension of franchise for European Parliamentary elections) omit subsections (3)(c) and (4)(a).”
LORD LEXDEN
26*
Insert the following new Clause—
“Representation of the People Act 1985 (Amendment) (No 2)
(1) The Secretary of State may by Order made by statutory instrument amend the Representation of the People Act 1985 either—
(a) in section 1 (extension of parliamentary franchise), to omit subsections (3)(c) and 4(a) and in section 3 (extension of franchise for European Parliamentary elections), to omit subsections (3)(c) and (4)(a); or
(b) to substitute for the period of 15 years provided for in each of those sections a longer period (“the relevant period”).
(2) If the Secretary of State makes an Order under subsection (1)(b) he may subsequently make further Orders under subsection (1)(b) provided that any such subsequent Order may only provide for a further increase in the relevant period.
(3) An instrument containing an Order under subsection (1) shall be subject to approval by resolution of both Houses of Parliament.”
27*
Insert the following new Clause—
“Period of registration for British citizens overseas
(1) Section 2 of the Representation of the People Act 1985 (registration of British citizens overseas) is amended as follows.
(2) In subsection (2) for paragraph (a) substitute—
“(a) the day after the next general election held after the date when the entry in the register takes effect;”.”
28*
Insert the following new Clause—
“Initial registration of British citizens overseas
(1) Section 2 of the Representation of the People Act 1985 (registration of British citizens overseas) is amended as follows.
(2) After subsection (6) insert—
“(6A) Every registration officer shall make provision to allow overseas electors to make an online declaration under this section.””
Schedule 3
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
29*
Page 19, leave out lines 9 and 10
Clause 6
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
30*
Page 5, leave out line 27
31*
Page 5, line 27, at end insert—
“( ) If the Minister considers it appropriate to proceed with the making of an order under subsection (2), the Minister must lay before Parliament—
(a) a draft of the order, and
(b) an explanatory document explaining the proposals.
( ) Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if references to section 14 of that Act were references to subsection (2).”
32*
Page 5, leave out lines 28 and 29
33*
Page 5, line 32, after “section” insert “with the exception of an order made under subsection (2)”
Clause 7
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
34*
Page 6, line 7, leave out from “must” to “by” and insert “lay a copy of the report before Parliament”
35*
Page 6, line 9, leave out subsection (4) and insert—
“(4) The report must be laid before Parliament no sooner than three months beginning with the day on which the Commission is consulted, and no later than five months beginning with that same day.”
After Clause 7
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
36*
Insert the following new Clause—
“Annual registration reports to Parliament
(1) In each calendar year, beginning in 2014 the Electoral Commission shall produce a report on the accuracy and completeness of the electoral register in each part of the United Kingdom, which will detail variations in registration rates within and between the different parts of the United Kingdom.
(2) The full report shall be presented to the United Kingdom Government, and relevant sections shall be presented to the executives in Scotland, Wales and Northern Ireland.
(3) The United Kingdom Government must lay the full report before Parliament within 7 days of receiving it, and provide Government time for Parliament to debate the report.”
Clause 8
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
37*
Page 6, line 28, at end insert—
“( ) The Minister may only make a pilot scheme once written approval from the Electoral Commission has been received.
( ) Any such written approval must be published by the Minister.”
Clause 10
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
38*
Page 7, line 34, at end insert “, with the exception of an order made under section 6(2)”
Schedule 4
LORD RENNARD
LORD TYLER
39
Page 21, line 23, leave out “, so far as is reasonably practicable,”
LORD WALLACE OF SALTAIRE
40
Page 22, line 20, at end insert—
“(b) omit paragraph (c) and the “or” before it.”
41
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),”
42
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.””
43
Page 23, line 37, at end insert—
“(1) Section 49 (effect of registers) is amended as follows.
(2) In subsection (5)—
(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).”
44
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)”.”
45
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).”
46
Page 25, line 27, leave out “paragraph” and insert “paragraphs 4(2), 5 and”
Schedule 5
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
47*
Page 27, line 21, at end insert—
“( ) The Government shall report to Parliament annually, within two months of the end of the financial year, on what money has been made available to local authorities to meet costs of transition to the new register and what safeguards have been put in place to make sure the money has been spent on the specified task.”
48*
Page 27, line 31, leave out “first” and insert “second”
49*
Page 27, line 44, leave out “second” and insert “third”
LORD RENNARD
LORD TYLER
50
Page 31, line 5, leave out paragraph 17
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
51*
Page 31, line 19, leave out “first” and insert “second”
Before Clause 13
LORD RENNARD
LORD TYLER
52
Insert the following new Clause—
“Provision for polling to take place at weekends
(1) Section 1 of the Fixed-term Parliaments Act 2011 (polling days for parliamentary general elections) is amended as follows.
(2) In subsection (2), leave out “The polling day” and insert “Polling”.
(3) In subsection (2), leave out “7 May 2015” and insert “conducted over the course of one day, or two consecutive days, between 2 May 2015 and 10 May 2015 inclusive”.
(4) In subsection (3), leave out “The polling day” and insert “Polling”.
(5) In subsection (3), leave out “the first Thursday” and insert “conducted over the course of one day, or two consecutive days, and in the first ten days”.
(6) In subsection (3), after “day” in the third line insert “or days”.
(7) In subsection (4)—
(a) leave out “the polling day” and insert “polling had been conducted”,
(b) in paragraph (a) leave out “was appointed”,
(c) for paragraph (b) substitute—
“(b) was conducted before the first weekend in May”.
(8) In subsection (5), after “day” insert “or days”.
(9) In subsection (5), leave out “is” and insert “are”.
(10) In subsection (7), after “day” insert “or days”.
(11) After subsection (7) insert—
“(8) The Prime Minister must by order made by statutory instrument specify the day, or days, on which polling is to be conducted under subsection (2) by 31 January 2014.
(9) The Prime Minister must by order made by statutory instrument specify the day, or days, on which polling is to be conducted under subsection (3) by a date no later than 15 months before the first weekend in May in the fifth calendar year following that in which polling had been conducted for the previous parliamentary general election.””
After Clause 17
LORD PANNICK
BARONESS JAY OF PADDINGTON
LORD LEXDEN
LORD LANG OF MONKTON
53
Insert the following new Clause—
“Voting procedure
(1) Schedule 1 to the Representation of the People Act 1983 (parliamentary elections rules) is amended as follows.
(2) In paragraph 37 (voting procedure) after sub-paragraph (6) insert—
“(7) A voter who is in the polling station or in a queue outside the polling station for the purpose of voting at the time specified for the close of the poll shall be entitled to apply for a ballot paper under sub-paragraph 1 above and a ballot paper shall be delivered and the voter entitled to vote in accordance with this paragraph.””
After Clause 20
LORD LEXDEN
54*
Insert the following new Clause—
“British citizens overseas: voting procedure
(1) Schedule 4 of the Representation of the People Act 2000 (manner of voting at parliamentary or local government elections) is amended as follows.
(2) In paragraph 2, before sub-paragraph (5A) insert—
“(5ZA) If he is a person for whom a declaration under section 2 of the Representation of the People Act 1985 (registration of British citizens overseas) is in effect, he may vote online in a manner prescribed by the Secretary of State by Order made by statutory instrument subject to approval by resolution of both Houses of Parliament.””
After Clause 21
LORD NORTON OF LOUTH
55
Insert the following new Clause—
“Repeal of the edited version of the electoral register
With effect from 1 December 2013, the provisions of the Representation of the People Act (England and Wales) (Amendment) Regulations 2002 (SI 2002/1871), the Representation of the People Act (Scotland) (Amendment) Regulations 2002 (SI 2002/1872), and the Representation of the People Act (Northern Ireland) (Amendment) Regulations 2002 (SI 2002/1873) in respect of the edited version of the Electoral Register shall cease to have effect and no further versions of the edited Electoral Register shall be produced.”
56
Insert the following new Clause—
“Edited version of the electoral register
(1) With effect from 1 December 2013, the edited version of the electoral register shall cease to be available for purchase for commercial purposes.
(2) From that date, copies of the edited version of the electoral register may only be purchased by organisations that the Secretary of State has designated as bodies with a legitimate purpose for seeking access to the register.”
57
Insert the following new Clause—
“Opt-in to the edited version of the electoral register
(1) From 1 December 2013, the inclusion of the name of an elector on the edited version of the electoral register shall only take place when the elector has given permission for his name to be included.
(2) For the purpose of subsection (1), permission shall deemed to have been given when the elector ticks a box on the electoral registration form indicating that he wishes to be so included.”
Clause 25
LORD RENNARD
LORD TYLER
58
Page 14, line 17, at end insert—
“(1A) Part 2 to Schedule 5 of this Act comes into force on such a day as the Minister may by statutory instrument appoint.
(1B) A statutory instrument containing an order under subsection (1A) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(1C) A draft of an instrument under subsection (1A) must be laid before 18 December 2014.”
LORD FALCONER OF THOROTON
BARONESS HAYTER OF KENTISH TOWN
59*
Page 14, line 17, at end insert “, with the exception of Schedule 5, Part 2, which shall come into force by order only once—
(a) the data matching pilots for pre-verification purposes established by the Electoral Registration Data Schemes Order 2012 have been completed,
(b) the Electoral Commission has reported on these schemes under the terms of that Order, and
(c) the Electoral Commission believes that the completeness of the register will not be negatively affected.”