Elections Bill

Explanatory Notes

Annex A – Territorial extent and application in the United Kingdom

Provision

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Extends and applies to Scotland?

Extends and applies to Northern Ireland?

Legislative Consent Motion sought?

Part 1 (Administration and Conduct of Elections)

Clause 1 (Voter identification)

Yes

Yes

Yes

Yes

No

Clause 2 (Power to make regulations about registration, absent voting, etc)

Yes

Yes

Yes

Yes

No

Clause 3 (Restriction of period for which person can apply for postal vote)

Yes

Yes

Yes

No

No

Clause 4 (Handling of postal voting documents by political campaigners)

Clause 5 (Handing in postal voting documents)

Clause 6 (Limit on number of electors for whom a proxy can vote)

Clause 7 (Requirement of secrecy)

Yes

Yes

Yes

Yes

No

Clause 8 (Undue influence)

Yes

Yes

Yes

Yes

Yes (S, W)

Clause 9 (Assistance with voting for persons with disabilities)

Yes

Yes

Yes

Yes

No

Clause 10 (Local elections and Assembly elections in Northern Ireland)

No

No

No

Yes

No

Clause 11 (Simple majority system to be used in elections for certain offices)

Yes

In part

No

No

No

Part 2 (Overseas electors and EU citizens)

Clause 12 (Overseas electors and EU citizens)

Yes

Yes

Yes

Yes

No

Clause 13 (Voting and candidacy rights of EU citizens)

Yes

Yes

No

Yes

No

Part 3 (The Electoral Commission)

Clause 14 (Strategy and policy statement)

Yes

Yes

Yes

Yes

Yes (S, W)

Clause 15 (Examination of duty to have regard to strategy and policy statement)

Clause 16 (Membership of the Speaker’s Committee)

Yes

Yes

Yes

Yes

No

Clause 17 (Criminal proceedings)

Yes

Yes

In part

Yes

No

Part 4 (Regulation of expenditure)

Clause 18 (Notional expenditure: use of property etc on behalf of candidates and others)

In part

In part

In part

Yes

Yes (S, W)

Clause 19 (Codes of practice on expenses)

In part

Yes

In part

In part

Yes (S, W)

Clause 20 (Authorised persons not required to pay expenses through election agent)

In part

In part

In part

In part

Yes (S, W)

Clause 21 (Declaration of assets and liabilities to be provided on application for registration)

Clause 22 (Prohibition on entities being registered political parties and recognised third parties at same time)

Clause 23 (Section 22: transitional provision)

Yes

Yes

Yes

Yes

No

Clause 24 (Restriction on which third parties may incur controlled expenditure)

Clause 25 (Third parties capable of giving notification for purposes of Part 6 of PPERA)

Clause 26 (Recognised third parties: changes to existing limits etc)

Clause 27 (Joint campaigning by registered parties and third parties)

Yes

Yes

Yes

Yes

Yes (S, W)

Part 5 (Disqualification of offenders for holding elective office etc)

Clause 28 (Disqualification orders)

Clause 29 (Vacation of office etc)

Clause 30 (Candidates etc)

Clause 31 (Holders of relevant elective offices)

Clause 32 (Campaigners)

Yes

Yes

Yes

Yes

Yes (S)

Clause 33 (Election etc of a person to the House of Commons who is subject to a disqualification order)

Yes

Yes

Yes

Yes

No

Clause 34 (Power to amend Schedule 8)

Clause 35 (Interpretation of Part)

Clause 36 (Minor and consequential amendments)

Yes

Yes

Yes

Yes

Yes (S)

Part 6 (Information to be included with electronic material)

Clause 37 (Definitions relating to electronic material and publication)

Clause 38 (Definitions relating to parties etc)

Clause 39 (Requirement to include information with electronic material)

Clause 40 (Electronic material to which section 39 applies: paid-for material)

Clause 41 (Purposes referred to in section 40)

Clause 42 (Electronic material to which section 39 applies: other electronic material)

Clause 43 (Purposes referred to in section 42)

Clause 44 (Electronic material relating to more than one candidate or future candidate)

Clause 45 (Exceptions to section 39)

Clause 46 (Offence of breaching section 39)

Clause 47 (Order to take down electronic material in breach of section 39)

Clause 48 (Enforcement by the Commission)

Clause 49 (Notice to take down electronic material in breach of section 39)

Clause 50 (Further provision about notice under section 49)

Clause 51 (Supply of information)

Clause 52 (Guidance)

Clause 53 (Information in Commission’s annual report)

Clause 54 (Notices)

Yes

Yes

Yes

Yes

No

Clause 55 (Proceedings for an offence under this Part)

In part

In part

In part

In part

No

Clause 56 (Offences committed by bodies corporate)

Yes

Yes

Yes

Yes

No

Clause 57 (Offences committed by unincorporated associations etc.)

In part

In part

In part

In part

No

Clause 58 (Regulations under this Part)

Clause 59 (Meaning of "the Commission")

Yes

Yes

Yes

Yes

No

Part 7 (General)

Clause 60 (Power to amend references to subordinate legislation etc)

Clause 61 (Financial provisions)

Clause 62 (Interpretation etc)

Clause 63 (Extent)

Clause 64 (Commencement)

Clause 65 (Short title)

Yes

Yes

Yes

Yes

No

Schedule 1 (Voter identification)

In part

In part

In part

In part

No

Schedule 2 (Power to make regulations about registration, absent voting and other matters

In part

In part

In part

In part

No

Schedule (Restriction of period for which person can apply for postal vote)

Yes

Yes

Yes

No

No

Schedule 4 (Proxy voting: limits and transitional provision)

In part

In part

In part

In part

No

Schedule 5 (Undue influence: further provision)

In part

In part

In part

In part

Yes (S, W)

Schedule 6 (Local elections in Northern Ireland and elections to the Northern Ireland Assembly)

No

No

No

Yes

No

Schedule 7 (Overseas electors)

Yes

Yes

Yes

In part

No

Schedule 8 (Voting and candidacy rights of EU citizens)

In part

In part

No

In part

No

Schedule 9 (Offences for purposes of Part 5)

Yes

Yes

Yes

Yes

Yes (S)

Schedule 10 (Disqualification orders: minor and consequential amendments)

In part

In part

In part

In part

Yes (S)

Schedule 11 (Illegal practices)

In part

In part

In part

In part

No

Schedule 12 (Supply of information etc)

Yes

Yes

Yes

Yes

No

 

31 January 2022