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Electoral Registration and Administration Bill (HL Bill 79)

Electoral Registration and Administration BillPage 30

(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) The period prescribed for the purposes of this paragraph must begin in the
5year 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
Representation of the People Act 1983;

(b) 10make 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
first new canvass must be given within the period prescribed for the
15purposes 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) A registration officer is not required, before the commencement date, to do
20anything 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
the period during which it is to be conducted; and the period must not end
25later than the 1 April after it begins.

(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
30canvass 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
35Representation 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
40the 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.

Electoral Registration and Administration BillPage 31

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

11 (1) A 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
5application 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
remain registered confirmed, and

(b) has not made a successful new application for registration in the
10register.

(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
completed and returned in respect of the address to which the
person’s entry in the register relates;

(b) 15the 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) 31 October in the year of the second new canvass.

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

(a) 20the 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
been determined.

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

12 25The 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) paragraph 3C(2) of Schedule 2 to that Act.

13 (1) A registration officer who gives a person an invitation under paragraph 8
30or 11 may subsequently require the person to make an application for
registration by a specified date.

(2) A requirement under sub-paragraph (1) is of no effect if the person is not
entitled to be registered.

(3) The Minister may by order make provision of the kind mentioned in
35section 9E(6) of the Representation of the People Act 1983 in connection with
requirements under sub-paragraph (1).

(4) A registration officer may impose a civil penalty on a person who fails to
comply with a requirement imposed by the officer under sub-paragraph (1).

(5) The Minister—

(a) 40must by order make provision of the kind mentioned in
paragraphs 2 and 3 of Schedule ZA1 to the Representation of the
People Act 1983 in connection with a civil penalty under sub-
paragraph (4), and

(b) may by order make any other provision of the kind mentioned in
45that Schedule in connection with a civil penalty under that sub-
paragraph.

Electoral Registration and Administration BillPage 32

(6) A civil penalty under sub-paragraph (4) received by a registration officer is
to be paid into the Consolidated Fund.

Power to require additional information on poll cards at 2014 European Parliamentary election

14 Regulations under section 7(1) of the European Parliamentary Elections Act
52002 may include provision for the purpose of requiring a poll card to be
used at the 2014 European Parliamentary general election to include
information relating to changes made by Part 1 of this Act.

Certain provisions of this Part not to apply to persons within Part 5 or 6 below

15 In this Part of this Schedule, references to a person who has an entry in a
10register do not include a person who is a relevant person for the purposes of
Part 5 or 6 of this Schedule.

Part 4 Absent voting

Applicant for absent vote must have made successful new application for registration or had
15registration confirmed

16 (1) For the purposes of an absent voting application made on or after the
commencement date, a person is to be regarded as registered in a register in
Great Britain only if the person—

(a) was registered in the register immediately before the
20commencement date and has had his or her entitlement to remain
registered confirmed, or

(b) has made a successful new application for registration.

(2) “Absent voting application” means an application under paragraph 3(1) or
(2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.

(3) 25This paragraph does not apply in relation to a person who is a relevant
person for the purposes of Part 5 or 6 of this Schedule.

Entitlement to absent vote ceases after first new canvass if no successful new application for
registration or confirmation of registration

17 (1) Sub-paragraph (2) applies if, on the day on which a registration officer in
30Great Britain publishes a register following the first new canvass—

(a) a person is shown in the absent voters’ record as the result of an
application made in reliance on the person’s registration in the
register, and

(b) the person was registered in the register immediately before the
35commencement date and has not had his or her entitlement to
remain registered confirmed or made a successful new application
for registration in the register.

(2) The officer must remove the person’s entry from the absent voters’ record so
far as the entry concerns elections of the kind to which the register relates.

(3) 40“Absent voters’ record” means the record kept under paragraph 3 of
Schedule 4 to the Representation of the People Act 2000.

Electoral Registration and Administration BillPage 33

(4) Sub-paragraph (5) applies if, on the day on which a registration officer in
Great Britain publishes a register following the first new canvass—

(a) a person is shown in an absent voters’ list as the result of an
application made in reliance on the person’s registration in the
5register, and

(b) the person was registered in the register immediately before the
commencement date and has not had his or her entitlement to
remain registered confirmed or made a successful new application
for registration in the register.

(5) 10The officer must remove the person’s entry from the absent voters’ list.

(6) “Absent voters’ list” means the list mentioned in paragraph 5(2) or (3) of
Schedule 4 to the Representation of the People Act 2000.

(7) If a registration officer removes a person’s entry from an absent voters’
record or list, the officer must—

(a) 15notify the person in the prescribed manner, and

(b) take any other prescribed steps.

(8) This paragraph does not apply in relation to a person who is a relevant
person for the purposes of Part 5 or 6 of this Schedule.

Proxies to have made successful new application for registration or had registration confirmed

18 20A person is to be regarded as registered in a register in Great Britain for the
purposes of paragraph 6(3) or (3A) of Schedule 4 to the Representation of the
People Act 2000 (as substituted by section 3 of this Act) only if the person—

(a) was registered in the register immediately before the
commencement date and has had his or her entitlement to remain
25registered confirmed, or

(b) has made a successful new application for registration.

Proxy for existing absent voter need not have made successful new application for registration
or had registration confirmed until after first new canvass

19 (1) The amendment made by section 3 (read with paragraph 18 above) does not
30apply in relation to a proxy appointment for an existing absent voter (or the
proxy’s entitlement to vote) until the registration officer who made the
appointment publishes the relevant register following the first new canvass.

(2) In this paragraph—

(a) “proxy appointment” means an appointment of a person as proxy
35under paragraph 6(7) or (8) of Schedule 4 to the Representation of the
People Act 2000 (whether made before, on or after the
commencement date);

(b) “existing absent voter”, in relation to a proxy appointment, means a
person whose absent voting application was made before the
40commencement date;

(c) “absent voting application” means the application under paragraph
3(2) or 4(2) or (3) of Schedule 4 to the Representation of the People
Act 2000 by virtue of which the proxy appointment is made;

(d) “relevant register” means the register in which the existing absent
45voter is registered and which relates to elections of the same kind as
those to which the proxy appointment relates.

Electoral Registration and Administration BillPage 34

(3) If a proxy appointment ceases to be in force because sub-paragraph (1)
ceases to preserve it, the officer must—

(a) notify the proxy and the existing absent voter in the prescribed
manner, and

(b) 5take any other prescribed steps.

(4) This paragraph does not apply in relation to an existing absent voter who is
a relevant person for the purposes of Part 5 or 6 of this Schedule.

Part 5 Persons with existing registrations by virtue of declarations etc

10Meaning of “relevant person”

20 (1) In this Part of this Schedule “relevant person” means a person who falls
within sub-paragraph (2) or (3).

(2) A person falls within this sub-paragraph if the person—

(a) is for the time being registered in a register in pursuance of a
15declaration of local connection, a service declaration or an overseas
elector’s declaration, and

(b) has been registered in pursuance of a declaration of that kind since
immediately before the commencement date.

(3) A person falls within this sub-paragraph if the person—

(a) 20has for the time being an anonymous entry in a register, and

(b) has had such an entry since immediately before the commencement
date.

Relevant person’s first renewal of registration after 3-month transitional period: successful
new application required

21 (1) 25On the first occasion after the transitional period on which a relevant
person’s entry in a register comes up for renewal, the person is not entitled
to remain registered unless the person has made a successful new
application for registration (in addition to complying with any other
requirements).

(2) 30“Transitional period” means the period of 3 months beginning with the
commencement date.

(3) For the purposes of this paragraph, a relevant person’s entry in a register
comes up for renewal when an event mentioned in the applicable provision
occurs in relation to that entry.

(4) 35“The applicable provision” means—

(a) section 7C(2) or 15(2) of the Representation of the People Act 1983 or
section 2(2) of the Representation of the People Act 1985, or

(b) section 9C(1) of the Representation of the People Act 1983;

(as applicable).

Electoral Registration and Administration BillPage 35

Application for absent vote before first renewal of registration after 3-month transitional
period: relevant person need not have made successful new application for registration

22 (1) An absent voting application made by a relevant person on or after the
commencement date is not to be refused merely because the person has not
5made a successful new application for registration (but see paragraph 21).

(2) “Absent voting application” means an application under paragraph 3(1) or
(2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.

Proxy for relevant person need not have made successful new application for registration until
relevant person’s first successful new application for registration

23 (1) 10The amendment made by section 3 of this Act (read with paragraph 18
above) does not apply in relation to a proxy appointment for a relevant
person (or the proxy’s entitlement to vote) until the first occasion on which
the relevant person makes a successful new application for registration in
the relevant register.

(2) 15In this paragraph—

(a) “proxy appointment” means an appointment of a person as proxy
under paragraph 6(7) or (8) of Schedule 4 to the Representation of the
People Act 2000 (whether made before, on or after the
commencement date);

(b) 20“relevant register” means the register which relates to elections of the
same kind as those to which the proxy appointment relates.

(3) If a proxy appointment ceases to be in force because sub-paragraph (1)
ceases to preserve it, the officer must—

(a) notify the proxy and the relevant person in the prescribed manner,
25and

(b) take any other prescribed steps.

Part 6 Persons with existing registrations by virtue of section 7(2) or 7A(2) of
the Representation of the People Act 1983

30Meaning of “relevant person”

24 In this Part of this Schedule “relevant person” means a person who—

(a) is for the time being registered in a register by virtue of an
application made under section 7(2) or 7A(2) of the Representation of
the People Act 1983, and

(ab) 35has been registered by virtue of an application of that kind since immediately before the commencement date.

Amendments not to apply to application made by relevant person before first renewal of
registration after 3-month transitional period

25 (1) The amendments made by Part 1 of this Act do not apply to an application
made by a relevant person by virtue of section 7(4) or 7A(4) of the
40Representation of the People Act 1983 in relation to a case where the
person’s entry in a register comes up for renewal during the transitional
period.

Electoral Registration and Administration BillPage 36

(2) “Transitional period” means the period of 3 months beginning with the
commencement date.

(3) For the purposes of this paragraph, a relevant person’s entry in a register
comes up for renewal when an event mentioned in section 7(3) or 7A(3) of
5the Representation of the People Act 1983 occurs in relation to that entry.

Application for absent vote before first renewal of registration after 3-month transitional
period: relevant person need not have made successful new application for registration

26 (1) An absent voting application made by a relevant person on or after the
commencement date is not to be refused merely because the person has not
10made a successful new application for registration (but see paragraph 25).

(2) “Absent voting application” means an application under paragraph 3(1) or
(2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.

Proxy for relevant person need not have made successful new application for registration until
relevant person’s first successful new application for registration

27 (1) 15The amendment made by section 3 of this Act (read with paragraph 18
above) does not apply in relation to a proxy appointment for a relevant
person (or the proxy’s entitlement to vote) until the first occasion on which
the relevant person makes a successful new application for registration in
the relevant register.

(2) 20In this paragraph—

(a) “proxy appointment” means an appointment of a person as proxy
under paragraph 6(7) or (8) of Schedule 4 to the Representation of the
People Act 2000 (whether made before, on or after the
commencement date);

(b) 25“relevant register” means the register which relates to elections of the
same kind as those to which the proxy appointment relates.

(3) If a proxy appointment ceases to be in force because sub-paragraph (1)
ceases to preserve it, the officer must—

(a) notify the proxy and the relevant person in the prescribed manner,
30and

(b) take any other prescribed steps.

Part 7 Supplementary

Power to bring forward effect of paragraph 6

28 (1) 35The Minister may by order provide for paragraph 6 to have effect as if the
reference to the third new canvass were a reference to the second new
canvass.

(2) An order under sub-paragraph (1) may be made only in the period of
3 months beginning with 1 June in the year in which the second new canvass
40begins.

Electoral Registration and Administration BillPage 37

(3) A statutory instrument containing provision under sub-paragraph (1) only
is subject to annulment in pursuance of a resolution of either House of
Parliament (and section 11(2) does not apply to it).

Power to make supplementary provision

29 5The Minister may by order make provision for supplementing, or provision
incidental to, the provision made by this Schedule.

Interpretation of this Schedule

30 (1) In this Schedule—

  • “the first new canvass” means the first canvass under section 9D of the
    10Representation of the People Act 1983;

  • “prescribed” means prescribed by order made by the Minister;

  • “the second new canvass” means the second canvass under section 9D
    of the Representation of the People Act 1983;

  • “the third new canvass” means the third canvass under section 9D of
    15the Representation of the People Act 1983.

(2) In this Schedule references to publication of a register are to publication of
the revised version of the register under section 13(1)(a) of the
Representation of the People Act 1983.

(3) In this Schedule—

(a) 20references to a person who is registered in a register immediately
before the commencement date include a person who becomes
registered in the register on or after that date as the result of an
application made before that date;

(b) references to a person who has an anonymous entry in a register
25immediately before the commencement date include a person whose
anonymous entry is made in the register on or after that date as the
result of an application made before that date.

(4) For the purposes of this Schedule a document may be given to a person—

(a) by delivering it to the person,

(b) 30by leaving it at the person’s address, or

(c) by sending it to the person by post.

(5) The Representation of the People Act 1983 and this Schedule are to have
effect as if this Schedule were contained in Part 1 of that Act.

(6) References in an enactment other than one contained in this Schedule or the
35Representation of the People Act 1983 to Part 1 of that Act include a
reference to this Schedule.