(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) 5in relation to the first interim publication date, section 13A(2);

(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) 10parliamentary elections in England, Wales or Scotland;

(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) 15local government elections in England, Wales or Scotland;

(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) 20In section 13B(2) (alteration of registers in Great Britain: pending elections),
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)”.

16 25Review of polling districts and places in Great Britain

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) 30a review under section 18A of all the polling districts in its area,
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) 35the period of 16 months beginning with 1st October of every
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.”

17 40Inadequate performance of returning officer: reduction of charges

(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,”.

(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
5opinion of the Electoral Commission, was inadequately performed.

(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
10must have regard to—

(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
15officer in relation to that election under section 9B(4) of that Act,

(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
20Commission.

(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) 25In paragraph 107 of Schedule 1 to the Electoral Administration Act 2006
(amendment to section 29 of the 1983 Act) in sub-paragraph (2), in substituted
subsection (3), at the beginning insert “Subject to section 29A,”.

18 Use of emblems on ballot papers

(1) Rule 19 of Schedule 1 to the Representation of the People Act 1983 (ballot
30papers for parliamentary elections) is amended as follows.

(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
35case may be, one of the registered emblems) of one of those parties.”

(3) In paragraph (2B), for “The request” substitute “A request under paragraph
(2A) or (2AA)”.

19 Community support officers

(1) In Schedule 1 to the Representation of the People Act 1983 (parliamentary
40elections rules), in rule 31 (notification of requirement of secrecy), make the
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

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) 5In the application of this rule 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).”

(3) In Schedule 4 to the Representation of the People Act 2000 (absent voting in
10Great Britain), in paragraph 2 (manner of voting at parliamentary or local
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
152002 (police powers for employees).”

20 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) 20Regulations may make provision as to circumstances in which,
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) 25where such notification is required to be given to a person
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
30“rejected” if it was not taken to have been duly returned in
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
35information as to the respect in which the postal voting
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) 40The power to make regulations under paragraph 7E in relation to
local government elections in Scotland is exercisable by the Scottish
Ministers.

(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
5areas;

(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
10subsection (2)(e) insert—

“(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);”.

21 15Repeal of powers to establish co-ordinated on-line record of electors

(1) Part 1 of the Electoral Administration Act 2006 (co-ordinated on-line record of
electors) is repealed.

(2) The table contains consequential repeals.

Part 3 Final provisions

22 Financial provisions

(1) There is to be paid out of money provided by Parliament—

(a) 40any expenditure incurred by a Minister of the Crown in consequence of
this Act, and

(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.

23 5Meaning of “the Minister” etc

(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. 2010/1837S.I. 2010/1837)
(which makes certain functions of the Secretary of State exercisable
10concurrently with the Lord President) a reference to an enactment that is
amended by this Act is to that enactment as amended.

24 Extent

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

25 15Commencement

(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
20purposes (including different days for different parts of the United Kingdom).

(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.

26 Short title

25This Act may be cited as the Electoral Registration and Administration Act
2012.

SCHEDULES

Section 1

SCHEDULE 1 Register of electors: alterations and removal

1 After section 10ZC of the Representation of the People Act 1983 insert—

10ZD 5  Registration of electors in Great Britain: alterations

(1) A registration officer in Great Britain must alter the name or address
in respect of which a person (“P”) is registered in a register
maintained by the officer if—

(a) an application for alteration is made by someone who
10appears to the officer to be P,

(b) any requirements imposed by or under this Act in relation to
the application are met, and

(c) P appears to the officer to be entitled to be registered in the
register in respect of the new name or the new address (as the
15case may be).

(2) In determining an application under this section, the officer must
consider any objection made in accordance with the prescribed
requirements by another person whose name appears in the register.

(3) Regulations may make provision about the procedure for
20determining applications under this section.

10ZE   Removal of electors in Great Britain from register

(1) Where a person is entered in a register in respect of an address in
Great Britain, the person is entitled to remain registered until the
registration officer concerned determines that—

(a) 25the person was not entitled to be registered in respect of the
address,

(b) the person has ceased to be resident at the address or has
otherwise ceased to satisfy the conditions for registration set
out in section 4, or

(c) 30the person was registered as the result of an application
under section 10ZC made by some other person or the
person’s entry has been altered as the result of an application
under section 10ZD made by some other person.

(2) Where a person’s entitlement to remain registered terminates by
35virtue of subsection (1), the officer must remove the person’s entry
from the register.

(3) A registration officer may make house to house inquiries for the
purpose of deciding whether or not to make a determination under
subsection (1).

(4) Regulations may make provision about the procedure for making
5determinations under subsection (1), which may include provision
requiring an officer to take prescribed steps before making a
determination.

(5) A registration officer in Great Britain must consider whether to make
a determination under subsection (1) if the officer—

(a) 10receives an objection to a person’s registration in a register
maintained by the officer, or

(b) otherwise becomes aware of information that causes the
officer to suspect that a condition in subsection (1)(a) to (c)
may be met in relation to a person’s entry in such a register.

(6) 15Subsection (5)(a)—

(a) applies only if the objection to the person’s registration is
made in accordance with the prescribed requirements by
someone whose name appears in the register, and

(b) does not apply if the person has an anonymous entry in the
20register.

(7) Nothing in this section applies in relation to the registration of
persons in pursuance of—

(a) applications for registration made by virtue of section 7(2) or
7A(2), or

(b) 25declarations of local connection, service declarations or
overseas electors’ declarations.

(8) In this section “resident” means resident for the purposes of
section 4.”

2 (1) Registration officers in Great Britain must have regard to any guidance
30given by the Minister about the determination of applications under
section 10ZD of the Representation of the People Act 1983.

(2) The guidance that may be given includes guidance about the process for
determining whether the conditions in subsection (1) of that section are met
and the relative weight to be given to different kinds of evidence.

(3) 35Sub-paragraphs (1) and (2) cease to have effect at the end of the period of 5
years beginning with the day on which they come fully into force.

3 In section 13A(1)(d) of the Representation of the People Act 1983 (alteration
of registers to correct clerical errors), at the end insert “or, in the case of a
registration officer in Great Britain, determines that the register contains any
40information that is incorrect.”

Section 2

SCHEDULE 2 Sharing and checking information etc

1 Schedule 2 to the Representation of the People Act 1983 (provisions which
may be contained in regulations as to registration etc) is amended as follows.

2 5After paragraph 1 insert—

“1A (1) Provision authorising or requiring a person to disclose
information to another person for the purpose of assisting a
registration officer in Great Britain—

(a) to verify information relating to a person who is registered
10in a register maintained by the officer or who is named in
an application for registration in, or alteration of, a register,

(b) to ascertain the names and addresses of people who are not
registered but who are entitled to be registered, or

(c) to identify those people who are registered but who are not
15entitled to be registered.

(2) Provision made under sub-paragraph (1) may authorise or require
the person to whom the information is disclosed—

(a) to compare it with other information;

(b) to disclose the results of the comparison to a registration
20officer for the purpose mentioned in that sub-paragraph.

(3) The provision that may be made under sub-paragraph (1) or (2)
includes provision—

(a) conferring other functions on a person;

(b) authorising the Secretary of State to make grants to a
25person on whom functions are conferred;

(c) authorising a person to disclose or otherwise process
information only in accordance with an agreement;

(d) authorising or requiring a person to disclose or otherwise
process information only in accordance with requirements
30imposed by the Secretary of State;

(e) regulating the manner in which information is disclosed;

(f) requiring the retention or disposal, or otherwise regulating
the processing, of information disclosed.

(4) Provision made under this paragraph has effect despite any
35statutory or other restriction on the disclosure of information.

(5) In this paragraph “processing” has the same meaning as in the
Data Protection Act 1998.”

3 After paragraph 8B (inserted by section 2) insert—

“8C (1) Provision requiring the retention or disposal, or otherwise
40regulating the processing, of—

(a) information provided in an application under section
10ZC or 10ZD;

(b) information provided to a person in accordance with a
requirement imposed by a registration officer in Great
45Britain under provision made by virtue of paragraph 1(2);

(c) information provided to a person by virtue of provision
made under paragraph 3ZA.

(2) In this paragraph “processing” has the same meaning as in the
Data Protection Act 1998.”

4 5In paragraph 13, after sub-paragraph (1ZA) insert—

“(1ZB) Provision making it an offence, in prescribed circumstances, for a
person to process information in breach of provision made under
paragraph 1A(3)(e) or (f) or 8C.

(1ZC) Provision made under sub-paragraph (1ZB) creating an offence
10may not—

(a) provide for the offence to be punishable on conviction on
indictment by imprisonment for a term exceeding two
years;

(b) provide for the offence to be punishable on summary
15conviction by imprisonment for a term exceeding the
relevant maximum;

(c) provide for the offence to be punishable on summary
conviction by a fine exceeding the statutory maximum or
level 5 on the standard scale (as appropriate).

(1ZD) 20In sub-paragraph (1ZC)(b) “the relevant maximum”—

(a) in relation to an offence triable either on indictment or
summarily, means—

(i) in England and Wales or Scotland, 12 months, and

(ii) in Northern Ireland, 6 months;

(b) 25in relation to an offence triable only summarily, means—

(i) in England and Wales, 51 weeks, and

(ii) in Scotland or Northern Ireland, 6 months.”

5 In section 53 of the Representation of the People Act 1983 (power to make
regulations as to registration etc), after subsection (4) insert—

“(5) 30Before making regulations containing provision under paragraph 1A
of Schedule 2, or paragraph 13(1ZB) of that Schedule so far as
relating to that paragraph, the Secretary of State must consult—

(a) the Electoral Commission,

(b) the Information Commissioner, and

(c) 35any other person the Secretary of State thinks appropriate.

(6) The Secretary of State may require the Electoral Commission to—

(a) prepare a report on specified matters relating to the operation
of any provision made under paragraph 1A of Schedule 2,
and

(b) 40give the Secretary of State a copy of the report by no later than
a specified date.

(7) The Secretary of State must publish a copy of the report.

(8) A registration officer in Great Britain must comply with any request
made by the Electoral Commission for information that it reasonably
45requires in connection with the preparation of a report under
subsection (6).”

Section 5

SCHEDULE 3 Civil penalty for failing to make application when required by registration
officer

In the Representation of the People Act 1983, before Schedule A1 insert—

Section 9E

“Schedule ZA1 5Civil penalties under section 9E

Introduction

1 This Schedule is about civil penalties under section 9E.

Amount

2 The amount of a civil penalty is to be specified in regulations.

10Procedure

3 (1) The procedure for imposing a civil penalty on a person is to be set
out in regulations.

(2) The regulations must, in particular, require the registration officer
to give the person written notice specifying—

(a) 15the amount of the penalty,

(b) the reasons for imposing it, and

(c) the date by which and manner in which it is to be paid.

4 Regulations may specify steps that a registration officer must take
before imposing a civil penalty.

20Reviews and appeals

5 (1) Regulations may give a person on whom a civil penalty is
imposed—

(a) a right to request a review of the decision to impose the
penalty;

(b) 25a right to appeal against the decision to the First-tier
Tribunal.

(2) Regulations under this paragraph may, in particular—

(a) specify the grounds on which a person may request a
review or appeal;

(b) 30specify the time within which a person must request a
review or appeal;

(c) require a person to request a review before appealing;

(d) make provision about the procedure for a review;

(e) make further provision about reviews and appeals
35(including provision as to the powers available on a review
or appeal).