Electoral Registration and Administration Bill (HL Bill 73)

Electoral Registration and Administration BillPage 20

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).

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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 13

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)—

(a) after “canvass” insert “under this section”;

(b) omit paragraph (c) and the “or” before it.

(5) For subsection (4) substitute—

(4) The form to be used for the purposes of a canvass under this section
25must be a form prescribed for those purposes.

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

(7) In 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
30Chief Electoral Officer for Northern Ireland”.

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

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

(2) In subsection (1), for “A registration officer” substitute “The Chief Electoral
35Officer for Northern Ireland”.

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

(4) In subsection (3)—

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

(b) 40after “registration” insert “in Northern Ireland”.

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(5) Omit subsection (3B).

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

(7) In subsection (5)—

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

(b) 5for “the registration officer concerned” substitute “the Chief Electoral
Officer for Northern Ireland”;

(c) for “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) 10In subsection (5B), for “A registration officer” substitute “The Chief Electoral
Officer for Northern Ireland”.

(10) In 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
15Officer for Northern Ireland”.

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

11 (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), for “13BB” substitute “13BA”.

12 (1) 20Section 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
register;

(zb) 25is 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) After subsection (3) insert—

(3A) Subsection (2)(a)(ii) also does not require a registration officer in
30Great 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
35version of the register.

(4) In subsection (5), for “13B or 13BA below or section 13BB below” substitute
“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),
40(zb), (b), (c) and (d)”.

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

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

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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
5or that the person’s entry has been altered as the result of an
application under section 10ZD made by some other
person,.

16 (1) Section 49 (effect of registers) is amended as follows.

(2) In subsection (5)—

(a) 10in 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).

17 15In section 54(1) (payment of expenses of registration), after “under this Act”
insert “or the Electoral Registration and Administration Act 2012”.

18 In 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
20person following an application under section 10ZC,

(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
25register 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
30section 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),.

19 35In section 62 (offences as to declarations), in subsection (1A), for “section
9B(1)(b)” substitute “section 9B(1A)(a)”.

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

(2) In paragraph 1—

(a) 40in sub-paragraph (2), after “authorising” insert “or requiring”;

(b) in sub-paragraph (3)(a)—

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

(ii) after “so registered” insert “or to determine whether the
45person is the person who made the application under section
10ZC or 10ZD”.

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

1B (1) Provision as to the information that a registration officer may or
must require persons to give by virtue of regulations under
paragraph 1(2), or must provide to persons, when conducting a
5canvass in Great Britain (whether as part of a canvass form or
otherwise).

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

(3) Provision as to the form and contents of declarations to be made
10by 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) After paragraph 3B insert—

3C (1) Provision authorising or requiring a registration officer
15conducting 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) Provision authorising or requiring a registration officer in Great
Britain to take specified steps to encourage a person to make an
20application 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
or required to take under sub-paragraph (1) or (2) include writing
to the person or visiting the person’s address to speak to the
25person.

(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
Northern Ireland”.

(7) After paragraph 5A insert—

5B (1) 30Provision 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
(3A) of Schedule 4 to the Representation of the People Act 2000.

(2) Provision under sub-paragraph (1) may require another
35registration 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
officer.

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

21 40In 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
regulations that the person was registered as the result of an
application under section 10ZC of the principal Act made by
45some other person or that the person’s entry has been altered

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as the result of an application under section 10ZD of that Act
made by some other person,.

Representation of the People Act 2000 (c. 2)2000 (c. 2)

22 In Schedule 1 to the Representation of the People Act 2000 (registration:
5amendments of Representation of the People Act 1983), omit paragraph
12(3) and (4).

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

23 In Schedule 1 to the Electoral Administration Act 2006 (amendments), omit
paragraphs 4(2), 5 and 6(2).

10Political Parties and Elections Act 2009 (c. 12)2009 (c. 12)

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

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

(b) sections 30 to 34 (electoral registration: provision of identifying
15information);

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

(d) section 37 (interpretation).

Section 13

SCHEDULE 5 Transitional provision to do with Part 1

20Part 1 Introduction

Applications 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
25later).

Meaning of “commencement date”

2 In 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) 30For the purposes of this Schedule, a person (“P”) makes a “new application
for registration” in a register maintained by a registration officer in Great
Britain 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) 35an application for alteration of the register under section 10ZD of
that Act is made in respect of P.

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(2) For 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
5entered in the register had P not already been registered);

(b) in 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
10take specified steps to check whether each person who has an entry in a
register 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
15evidence of a kind specified in the order to support the person’s entitlement
to 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)
20to (1ZD) of Schedule 2 to the Representation of the People Act 1983
(inserted by Schedule 2 to this Act);

(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) 25provision requiring a registration officer who has confirmed a
person’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) 30Subsections (5) to (8) of section 53 of the Representation of the People Act
1983 (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) 35Nothing in this paragraph requires a registration officer to take steps to
check 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
40the register, or

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

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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) A registration officer in Great Britain must, immediately before the
5publication 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) P has not made a new application for registration in the register, and

(c) 10at 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) P’s entitlement to remain registered in the register terminated on the
15conclusion 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) In this paragraph “the final old canvass” means the final canvass under
20section 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
of any person who has neither—

(a) 25had 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
register do not include a person who is a relevant person for the purposes of
30Part 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
registrations

8 (1) 35A 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
remain registered confirmed, and

(b) 40has not made a new application for registration.