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Electoral Registration and Administration BillPage 10

(a) at any time before the interim publication date, section 13A
applies to a registration officer (by virtue of section 13A(1)) in
connection with a determination, requirement or decision
within section 13A(1)(za), (zb), (b), (c) or (d),

(b) 5in consequence of the determination, requirement or decision
an entry relating to a person falls to be made in (or removed
from) the register in respect of an address in the relevant
election area, and

(c) no alteration made in consequence of the determination,
10requirement or decision has already taken effect, or is due to
take effect, under a relevant provision on or before the interim
publication date.

(2) On the interim publication date the registration officer must issue, in
the prescribed manner, a notice specifying the appropriate alteration in
15the register.

(3) The alteration takes effect from the beginning of the interim publication
date.

(4) There are two interim publication dates (in relation to a registration
officer and an election to which this section applies).

(5) 20The first interim publication date is the last day on which nomination
papers may be delivered to the returning officer for the purposes of the
election.

(6) The second interim publication date is to be determined by the
registration officer, but must be a day after the first interim publication
25date and before the appropriate publication date.

(7) In subsection (1)(c) “relevant provision” means—

(a) in 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
30publication date.

(8) This section applies to—

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

(b) elections in England, Wales or Scotland to the European
Parliament;

(c) 35elections to the Scottish Parliament;

(d) elections to the National Assembly for Wales;

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

(f) elections of police and crime commissioners in England and
Wales.

(9) 40Subsections (5) and (6) of section 13B apply for the purposes of this
section as they apply for the purposes of that section.

(4) In 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) 45in subsection (4), after “13A” insert “, 13AB”;

(b) in subsection (4A), after “13A(2)” insert “, 13AB(3)”.

Electoral Registration and Administration BillPage 11

17 Review 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
5out and complete—

(a) a 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) 10the period of 16 months beginning with 1st October 2013, and

(b) the 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
15at other times.

18 Inadequate 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 20Inadequate 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
opinion of the Electoral Commission, was inadequately performed.

(2) The Commission may recommend to the Secretary of State that the
25returning 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
must have regard to—

(a) any report prepared under section 5 of the Political Parties,
30Elections and Referendums Act 2000 on the administration of
the parliamentary election concerned,

(b) any assessments of the level of performance of the returning
officer in relation to that election under section 9B(4) of that Act,

(c) any representations made to the Commission by the returning
35officer 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
Commission.

(4) Where the Commission makes a recommendation under subsection (2),
40the 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.

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(3) In 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,”.

19 Use of emblems on ballot papers

(1) 5Rule 19 of Schedule 1 to the Representation of the People Act 1983 (ballot
papers 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,
10against the candidate’s particulars, the registered emblem (or, as the
case 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)”.

20 Community support officers

(1) 15In Schedule 1 to the Representation of the People Act 1983 (parliamentary
elections 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
20community 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) In the application of this rule to an election in England or Wales, a
25reference 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
Great Britain), in paragraph 2 (manner of voting at parliamentary or local
30government 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
2002 (police powers for employees).

21 35Notification 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) Regulations may make provision as to circumstances in which,
40following the close of the poll at a parliamentary or local government
election, a registration officer must—

Electoral Registration and Administration BillPage 13

(a) notify a person that the person’s postal ballot paper has been
rejected, and

(b) where such notification is required to be given to a person
appointed as proxy to vote for another (“the elector”) in
5respect 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
“rejected” if it was not taken to have been duly returned in
accordance with the appropriate rules because the returned postal
10voting statement was not duly completed.

(3) Regulations under this paragraph may include provision as to—

(a) the information to be notified (which may include
information as to the respect in which the postal voting
statement was not duly completed);

(b) 15the 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) The power to make regulations under paragraph 7E in relation to
local government elections in Scotland is exercisable by the Scottish
20Ministers.

(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
25areas;

(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
30subsection (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);.

22 35Repeal 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.

Electoral Registration and Administration BillPage 14

Short title Extent of repeal
Representation of the
People Act 1983

In section 10ZB—

(a)

in subsection (5), paragraph
5(b) and the “or” before it;

(b)

subsections (6) and (8).



Political Parties, Elections
and Referendums Act 2000
Section 20A.
10
Electoral Administration
Act 2006
Section 77(1)(a) to (g).
Northern Ireland
(Miscellaneous Provisions)
Act 2006
In Schedule 4, paragraph 8.

15
Political Parties and
Elections Act 2009
Sections 28 and 29.

Part 3 Final provisions

23 20Financial provisions

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

(a) any 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
25other 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.

24 Meaning of “the Minister” etc

(1) In this Act “the Minister” means the Lord President of the Council or the
30Secretary 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
concurrently with the Lord President) a reference to an enactment that is
amended by this Act is to that enactment as amended.

25 35Extent

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

Electoral Registration and Administration BillPage 15

26 Commencement

(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) 5An order under subsection (1) may appoint different days for different
purposes (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.

27 10Short title

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

Electoral Registration and Administration BillPage 16

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.

Electoral Registration and Administration BillPage 17

(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.”

Electoral Registration and Administration BillPage 18

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);

Electoral Registration and Administration BillPage 19

(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).

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