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Electoral Registration and Administration BillPage 20

Power to create exceptions

6 Regulations may specify circumstances in which—

(a) a civil penalty may not be imposed, or

(b) a civil penalty may be cancelled.

5Accounts and record keeping

7 Regulations may impose duties on registration officers about the
keeping of accounts and other records in connection with civil
penalties.

Interest and enforcement etc.

8 10Regulations may—

(a) allow interest to be charged on a civil penalty that is paid
late;

(b) allow an additional penalty to be imposed for late
payment.

9 15In this Schedule “civil penalty” includes any interest or additional
penalty.

10 Regulations may make provision about the recovery of civil
penalties by registration officers.

11 A civil penalty received by a registration officer is to be paid into
20the Consolidated Fund.

Power to make further provision

12 Regulations may make further provision about civil penalties.

Section 12

SCHEDULE 4 Amendments to do with Part 1

25Representation of the People Act 1983 (c. 2)1983 (c. 2)

1 The Representation of the People Act 1983 is amended as follows.

2 In section 7 (residence: patients in mental hospitals who are not detained
offenders or on remand), in subsection (3), after paragraph (aa) insert—

(ab) the registration officer determines in accordance with
30regulations that the person was registered as the result of an
application under section 10ZC made by some other person
or that the person’s entry has been altered as the result of an
application under section 10ZD made by some other person,
or.

3 35In section 7A (residence: persons remanded in custody etc), in subsection (3),
after paragraph (aa) insert—

(ab) the registration officer determines in accordance with
regulations that the person was registered as the result of an

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application under section 10ZC made by some other person
or that the person’s entry has been altered as the result of an
application under section 10ZD made by some other person,
or.

4 5In section 7C (effect of declaration of local connection), in subsection (2),
after paragraph (aa) insert—

(ab) the registration officer determines in accordance with
regulations that the person was registered as the result of an
application under section 10ZC made by some other person
10or that the person’s entry has been altered as the result of an
application under section 10ZD made by some other
person,.

5 In section 9 (registers of electors), in subsection (2)—

(a) for the words from the beginning to “register” substitute “Subject to
15any other provision of this Act, each register”;

(b) for paragraph (a) substitute—

(a) the names of persons who appear to the registration
officer to be entitled to be registered in it and in
respect of whom a successful application for
20registration has been made;.

6 (1) Section 9A (registration officers: duty to take necessary steps) is amended as
follows.

(2) At the end of subsection (1) insert “and for the purpose of securing that, so
far as is reasonably practicable, persons who are entitled to be registered in
25a register (and no others) are registered in it”.

(3) In subsection (2)(a), for “section 10” substitute “section 9D”.

7 (1) Section 9B (anonymous registration) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) An application under this section (an application for an anonymous
30entry) may be made—

(a) by any person, in conjunction with an application for
registration under section 10ZC, or

(b) by a person who already has an anonymous entry, for the
purposes of remaining registered with such an entry (see
35section 9C(3)).

(1A) An application for an anonymous entry must be made in accordance
with prescribed requirements and must be accompanied by—

(a) a declaration made in accordance with prescribed
requirements, and

(b) 40such evidence in support as may be prescribed.

(2) A registration officer who receives an application for an anonymous
entry must determine whether the safety test is satisfied (unless, in
the case of an application under subsection (1)(a), the person’s
application for registration has been rejected otherwise than by
45virtue of this section).

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(3) In subsection (5), after “a person” insert “as the result of an application under
subsection (1)(a)”.

(4) For subsection (6) substitute—

(6) If a person makes an application under subsection (1)(a) and the
5registration officer determines that the safety test is not satisfied, no
entry is to be made in the register as a result of the person’s
application under section 10ZC (whether an anonymous entry or
otherwise).

(5) In subsection (7)(b), omit the words from “(including an application” to the
10end.

8 (1) Section 9C (removal of anonymous entries) is amended as follows.

(2) In subsection (1), omit “in pursuance of the application for registration
mentioned in section 9B(1)”.

(3) In subsection (3), omit “a further application for registration accompanied
15by”.

9 (1) Section 10 (maintenance of the registers: duty to conduct canvass) is
amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), omit “(1) or”.

(4) 20In subsection (3), after “canvass” insert “under this section”.

(5) For subsection (4) substitute—

(4) The form to be used for the purposes of a canvass under this section
must be a form prescribed for those purposes.

(6) In subsection (4A), omit “for the purposes of a canvass in Northern Ireland”.

(7) 25In subsection (5), for “a registration officer” substitute “under this section the
Chief Electoral Officer for Northern Ireland”.

(8) In subsection (6), for “a registration officer” substitute “under this section the
Chief Electoral Officer for Northern Ireland”.

(9) In the heading, after “canvass” insert “in Northern Ireland”.

10 (1) 30Section 10A (maintenance of the registers: registration of electors) is
amended as follows.

(2) In subsection (1), for “A registration officer” substitute “The Chief Electoral
Officer for Northern Ireland”.

(3) In subsection (2A), omit “(subject to section 13BB(2))”.

(4) 35In subsection (3)—

(a) for “A registration officer” substitute “The Chief Electoral Officer for
Northern Ireland”;

(b) after “registration” insert “in Northern Ireland”.

(5) Omit subsection (3B).

(6) 40In subsection (4), before “asking” insert “in Northern Ireland”.

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(7) In subsection (5)—

(a) after “in respect of any address” insert “in Northern Ireland”;

(b) for “the registration officer concerned” substitute “the Chief Electoral
Officer for Northern Ireland”;

(c) 5for “the registration officer is” substitute “the Officer is”.

(8) In subsection (5A)(b), for “the registration officer” substitute “the Chief
Electoral Officer for Northern Ireland”.

(9) In subsection (5B), for “A registration officer” substitute “The Chief Electoral
Officer for Northern Ireland”.

(10) 10In subsection (6), for “the registration officer concerned” substitute “the
Chief Electoral Officer for Northern Ireland”.

(11) In subsection (7), for “a registration officer” substitute “the Chief Electoral
Officer for Northern Ireland”.

(12) In the heading, after “electors” insert “in Northern Ireland”.

11 15In section 13(5)(b), for “13BB” substitute “13BA”.

12 (1) Section 13A (alteration of registers) is amended as follows.

(2) In subsection (1)—

(a) before paragraph (a) insert—

(za) is required by section 10ZC(1) to enter a person in the
20register;

(zb) is required by section 10ZD(1) to alter a person’s
entry in the register;;

(b) in paragraph (a), after “registration” insert “in Northern Ireland”.

(3) In subsection (5), for “13B or 13BA below or section 13BB below” substitute
25“section 13B or section 13BA below”.

13 In section 13B (alteration of registers in Great Britain: pending elections), in
subsection (2)(a), for “paragraphs (a) to (d)” substitute “paragraphs (za),
(zb), (b), (c) and (d)”.

14 Omit section 13BB (election falling within canvass period).

15 30In section 15 (service declaration), in subsection (2), after paragraph (aa)
insert—

(ab) the registration officer determines in accordance with
regulations that the person was registered as the result of an
application under section 10ZC made by some other person
35or that the person’s entry has been altered as the result of an
application under section 10ZD made by some other
person,.

16 In section 54(1) (payment of expenses of registration), after “under this Act”
insert “or the Electoral Registration and Administration Act 2012”.

17 40In section 56(1) (registration appeals: England and Wales), for
paragraphs (a) and (aa) substitute—

(a) from any decision of a registration officer not to register a
person following an application under section 10ZC,

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(aza) from any decision of a registration officer to register a person
following an application under section 10ZC in a case where
an objection has been made under that section,

(azb) from any decision of a registration officer not to alter a
5register following an application under section 10ZD,

(azc) from any decision of a registration officer to alter a register
following an application under section 10ZD in a case where
an objection has been made under that section,

(azd) from any decision of a registration officer under
10section 10ZE, or any other provision of this Act, as a result of
which a person’s entitlement to remain registered terminates,

(aa) from any decision of a registration officer not to make a
determination under section 10ZE(1) following an objection
under section 10ZE(5)(a),.

18 (1) 15Schedule 2 (provisions which may be contained in regulations as to
registration etc) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (2), after “authorising” insert “or requiring”;

(b) in sub-paragraph (3)(a)—

(i) 20for “so required” substitute “by virtue of regulations under
sub-paragraph (2) required”;

(ii) after “so registered” insert “or to determine whether the
person is the person who made the application under section
10ZC or 10ZD”.

(3) 25After paragraph 1A (inserted by Schedule 2) insert—

1B (1) Provision as to the information that a registration officer must
request or provide when conducting a canvass in Great Britain
(whether as part of a canvass form or otherwise).

(2) Provision authorising or requiring a registration officer in Great
30Britain to complete canvass forms in part for people.

(3) Provision as to the form and contents of declarations to be made
by those responding to a canvass in Great Britain.

(4) In paragraph 3A (regulations as to form and content of applications for
registration etc), after “registration” insert “in Northern Ireland”.

(5) 35After paragraph 3B insert—

3C (1) Provision authorising or requiring a registration officer
conducting a canvass in Great Britain to take specified steps for the
purpose of obtaining information where no response is received in
respect of a particular address.

(2) 40Provision authorising or requiring a registration officer in Great
Britain to take specified steps to encourage a person to make an
application under section 10ZC or 10ZD in response to an
invitation to do so made by the officer.

(3) Examples of the steps that a registration officer may be authorised
45or required to take under sub-paragraph (1) or (2) include writing

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to the person or visiting the person’s address to speak to the
person.

(6) In paragraph 5(2) (provision as to evidence of age or nationality which may
be required), after “required” insert “by the Chief Electoral Officer for
5Northern Ireland”.

(7) After paragraph 5A insert—

5B (1) Provision as to the steps that a registration officer in Great Britain
must take, before appointing a person as proxy to vote for another,
to ensure that the appointment complies with paragraph 6(3) or
10(3A) of Schedule 4 to the Representation of the People Act 2000.

(2) Provision under sub-paragraph (1) may require another
registration officer (including the Chief Electoral Officer for
Northern Ireland) to provide information about whether the
person has or will have an entry in a register maintained by that
15officer.

Representation of the People Act 1985 (c. 50)1985 (c. 50)

19 In section 2 of the Representation of the People Act 1985 (registration of
British citizens overseas), in subsection (2), after paragraph (aa) insert—

(ab) the registration officer determines in accordance with
20regulations that the person was registered as the result of an
application under section 10ZC of the principal Act made by
some other person or that the person’s entry has been altered
as the result of an application under section 10ZD of that Act
made by some other person,.

25Electoral Administration Act 2006 (c. 22)Electoral Administration Act 2006 (c. 22)

20 In Schedule 1 to the Electoral Administration Act 2006 (amendments), omit
paragraph 6(2).

Political Parties and Elections Act 2009 (c. 12)2009 (c. 12)

21 In the Political Parties and Elections Act 2009 the following are repealed—

(a) 30section 23(1) (which inserted section 13BB of the Representation of
the People Act 1983);

(b) sections 30 to 34 (electoral registration: provision of identifying
information);

(c) sections 35 and 36 (data schemes);

(d) 35section 37 (interpretation).

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Section 12

SCHEDULE 5 Transitional provision to do with Part 1

Part 1 Introduction

5Applications for registration etc made before commencement

1 The amendments made by Part 1 of this Act do not apply in relation to an
application made before the commencement date (even if it is determined
later).

Meaning of “commencement date”

2 10In this Schedule “commencement date” means the date appointed for
sections 1 and 4 and Schedule 1 to come fully into force.

Meaning of “new application for registration” and “successful” new application

3 (1) For the purposes of this Schedule, a person (“P”) makes a “new application
for registration” in a register maintained by a registration officer in Great
15Britain if—

(a) an application for registration in the register under section 10ZC of
the Representation of the People Act 1983 is made in respect of P, or

(b) an application for alteration of the register under section 10ZD of
that Act is made in respect of P.

(2) 20For the purposes of this Schedule, a new application for registration is
“successful”—

(a) in the case of an application within sub-paragraph (1)(a), if the officer
determines that P is to be entered in the register (or that P would be
entered in the register had P not already been registered);

(b) 25in the case of an application within sub-paragraph (1)(b), if the officer
determines that P’s entry in the register is to be altered.

Checking of old entries and meaning of “confirmation” of entitlement to remain registered

4 (1) The Minister may by order require a registration officer in Great Britain to
take specified steps to check whether each person who has an entry in a
30register maintained by the officer is entitled to remain registered.

(2) For the purposes of this Schedule a person’s entitlement to remain registered
has been “confirmed” if, having taken steps in accordance with an order
under sub-paragraph (1), the registration officer is satisfied that there is
evidence of a kind specified in the order to support the person’s entitlement
35to be registered.

(3) An order under this paragraph may make further provision about checking
or confirming a person’s entitlement to remain registered, including—

(a) provision of the kind mentioned in paragraph 1A or 13(1ZB)
to (1ZD) of Schedule 2 to the Representation of the People Act 1983
40(inserted by Schedule 2 to this Act);

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(b) provision requiring a registration officer to have regard to guidance
given by the Minister (including guidance of the kind mentioned in
section 1(4));

(c) provision requiring a registration officer who has confirmed a
5person’s entitlement, to notify that person in a specified manner and
within a specified period;

(d) provision requiring the notification to be accompanied by, or
combined with, other documents.

(4) Subsections (5) to (8) of section 53 of the Representation of the People Act
101983 (inserted by Schedule 2 to this Act) apply in relation to an order
containing provision of the kind mentioned in sub-paragraph (3)(a) above as
they apply in relation to the regulations mentioned in subsection (5) of that
section.

(5) Nothing in this paragraph requires a registration officer to take steps to
15check the entitlement of a person to remain registered in a register if—

(a) the person’s entry in the register was carried forward on the
conclusion of the final old canvass (see paragraph 5(2)),

(b) the person has made a successful new application for registration in
the register, or

(c) 20the person is a relevant person for the purposes of Part 5 or 6 of this
Schedule.

Part 2 Removal of existing registrations by end of the second new canvass

Removal of certain existing registrations after the first new canvass

5 (1) 25A registration officer in Great Britain must, immediately before the
publication of a register following the first new canvass, remove the entry of
a person (“P”) if—

(a) P’s entry was carried forward on the conclusion of the final old
canvass,

(b) 30P has not made a new application for registration in the register, and

(c) at the first new canvass, no canvass form has been completed and
returned in respect of P and the address to which the entry relates.

(2) For the purposes of sub-paragraph (1), P’s entry on the register was carried
forward on the conclusion of the final old canvass if—

(a) 35P’s entitlement to remain registered in the register terminated on the
conclusion of the final old canvass by virtue of section 10A(5)(a) of
the Representation of the People Act 1983, but

(b) in accordance with regulations under section 10A(7) of that Act, P’s
entry was not removed from the register.

(3) 40In this paragraph “the final old canvass” means the final canvass under
section 10(1) of the Representation of the People Act 1983.

Removal of existing registrations after the second new canvass

6 A registration officer in Great Britain must, immediately before the
publication of a register following the second new canvass, remove the entry
45of any person who has neither—

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(a) had his or her entitlement to remain registered confirmed, nor

(b) made a successful new application for registration in the register.

This Part not to apply to persons within Part 5 or 6 below

7 In this Part of this Schedule, references to a person who has an entry in a
5register do not include a person who is a relevant person for the purposes of
Part 5 or 6 of this Schedule.

Part 3 Encouraging new applications

Registration officers to invite applications in year of first new canvass from those with existing
10registrations

8 (1) A registration officer in Great Britain must, within a prescribed period, give
an invitation to make a new application for registration in a register
maintained by the officer to each person who—

(a) has an entry in the register but has not had his or her entitlement to
15remain registered confirmed, and

(b) has not made a new application for registration.

(2) But the officer need not give an invitation at a time when the officer has
reason to believe, from records available to the officer, that the person is no
longer resident at the address to which the entry relates.

(3) 20The period prescribed for the purposes of this paragraph must begin in the
year in which the first new canvass begins.

Powers to delay canvasses and timing of canvasses

9 (1) The Minister may by order—

(a) postpone any canvass to be conducted under section 10(1) of the
25Representation of the People Act 1983;

(b) make provision about the period during which canvass forms to be
used for the purpose of such a canvass are to be given.

(2) The Minister may by order postpone the first new canvass.

(3) Any canvass forms to be used by a registration officer for the purpose of the
30first new canvass must be given within the period prescribed for the
purposes of paragraph 8.

(4) The Minister may by order make provision about the period during which
any canvass forms to be used for the purpose of the second new canvass are
to be given.

(5) 35A registration officer is not required, before the commencement date, to do
anything for the purpose of conducting any canvass under section 10(1) of
the Representation of the People Act 1983 by reference to residence on the 15
October after the commencement date.

(6) An order under sub-paragraph (1) or (2) postponing a canvass must specify
40the period during which it is to be conducted; and the period must not end
later than the 1 April after it begins.

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(7) An order under sub-paragraph (1) or (2) postponing a canvass does not
postpone or remove a duty to conduct any other canvass.

Canvass forms need not be supplied to addresses to which invitations supplied

10 (1) At the first new canvass, a registration officer is not required to supply a
5canvass form to an address if the officer thinks that it is unnecessary to do so
and—

(a) the officer has given a person an invitation under paragraph 8 in
respect of the address,

(b) the officer has given a person an invitation under section 9E of the
10Representation of the People Act 1983 in respect of the address, or

(c) a person is registered in respect of the address in a register
maintained by the officer and the person’s entitlement to remain
registered in the register has been confirmed.

(2) In deciding whether it is necessary to supply a canvass form to an address
15the registration officer must, in particular, consider whether supplying the
canvass form is likely to result in the officer finding out about people
residing at the address whom the officer might not otherwise find out about.

Registration officers to invite applications in year of second new canvass from those with
existing registrations

11 (1) 20A registration officer in Great Britain must, on or as soon as reasonably
practicable after the relevant date, give a person an invitation to make a new
application for registration in a register maintained by the officer if the
person—

(a) has an entry in the register but has not had his or her entitlement to
25remain registered confirmed, and

(b) has not made a successful new application for registration in the
register.

(2) “The relevant date” means whichever of the following comes first—

(a) the date on which, at the second new canvass, a canvass form is
30completed and returned in respect of the address to which the
person’s entry in the register relates;

(b) the date on which it appears to the officer that, at the second new
canvass, no canvass form will be completed and returned in respect
of that address;

(c) 3531 October in the year of the second new canvass.

(3) But the officer need not give an invitation at a time when—

(a) the officer has reason to believe, from records available to the officer,
that the person is no longer resident at that address, or

(b) the person has made a new application for registration which has not
40been determined.

Invitations under paragraph 8 or 11 and power to require application following invitation

12 The Minister may by order make provision in connection with invitations
under paragraph 8 or 11, including provision of the kind mentioned in—

(a) section 9E(2) and (3) of the Representation of the People Act 1983, or

(b) 45paragraph 3C(2) of Schedule 2 to that Act.

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