Representation of the People (Amendment) Bill

House of Commons

Session 1997-98
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Representation of the People (Amendment) Bill

This is the text of the Representation of the People (Amendment) Bill, as presented to the House of Commons on 12 November 1998.

Representation of the People (Amendment) Bill

ARRANGEMENT OF CLAUSES

Clause

1. Meaning of "resident".

2. Correction of registers.

3. Registration of homeless persons.

4. Declaration of locality.

5. Short title.

A
B I L L
TO
Extend electoral registration for homeless persons.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Meaning of "resident".     1. After Section 5 of the Representation of the People Act 1983 ("the 1983 Act") there shall be inserted the following section-

"Residence: homeless persons in temporary accommodation.     5A. A homeless person occupying temporary residential accommodation in any constituency or electoral area on the qualifying date shall be entitled to be treated for the purposes of sections 1 and 2 as resident there."

Correction of registers.     2. - (1) Section 11 of the 1983 Act there shall be amended as follows.

    (2) In subsection (3), at the end there shall be added the words, "except in accordance with subsection (3A) below."

    (3) After subsection (3) there shall be inserted the following subsection- "(3A) Where a claim is made that a person who was homeless on the qualifying date and who was entitled to vote was not included in the register of electors and the registration officer is so satisfied, he shall make the necessary correction in the register, which shall have effect from the qualifying date.".

Registration of homeless persons.     3. After section 12 of the 1983 Act there shall be inserted the following section-

"Registration of homeless persons.     12A. For the purposes of section 12 above, a person who has made a declaration of locality in accordance with Schedule 2A to this Act shall be entitled to vote as an elector at any parliamentary elections or local government elections in the constituency or local government area in which the declaration was made."

Declaration of locality.     4. After Schedule 2 to the 1983 Act there shall be inserted the following Schedule-

"SCHEDULE 2A

DECLARATION OF LOCALITY

1. A declaration of locality shall-

(a) be made for the purposes of registration in the register of electors for a particular year and with reference to the qualifying date for that register;

(b) be made during the period of twelve months ending on the qualifying date by reference to which it is made but shall not have effect if, after it is made and before the qualifying date, the person who has made the declaration ceases to be a homeless person or cancels the declaration;

(c) include a statement that the declaration was made without assistance;

(d) include the date of the declaration;

(e) include a statement that, on the date on which the declaration was made, it appeared likely to the person making the declaration that he would be homeless on the qualifying date;

(f) include one address or place where the person making the declaration stays or, if there is no such place, one other address or place in the constituency or electoral area which he regularly visits;

(g) state that, on the date of the declaration, the person making the declaration was a British citizen, a Commonwealth citizen or a citizen of the Republic of Ireland;

(h) either state that the person making the declaration had attained the age of 18 on the date of the declaration or, if that is not the case, state his date of birth; and

(i) be attested in the prescribed manner.

2. A person who has not attained the age of 18 may make a declaration of locality provided that he shall attain the age of 18 on or before the qualifying date.

3. - (1) If a person makes more than one declaration of locality on the same date, specifying different addresses or places under paragraph 1(f) above, any such declarations shall be void.

    (2) If a person makes more than one declaration of locality on different dates, the latest declaration shall have effect and any others shall be void.

    (3) A declaration of locality may be rescinded by the person who made it at any time.

4. A person who has made a declaration of locality in respect of any register shall be treated in relation to that register-

(a) as being resident on the qualifying date at the address or place specified under paragraph 1(f) above;

(b) in the case of a declaration made in Northern Ireland, as being resident in Northern Ireland during the whole of the period of three months ending on the qualifying date;

(c) unless and until the contrary is proved, as being a British citizen, a Commonwealth citizen or a citizen of the Republic of Ireland; and

(c) unless and until the contrary is proved, as being of the age stated in the declaration.

5. A declaration of locality shall be made only for the purposes of voting in both parliamentary elections and local government elections unless the person making the declaration is disqualified from voting in a parliamentary election by virtue of being a Peer of the Realm, in which case he may make a declaration of locality in respect of local government elections only, and his declaration shall be so marked."

Short title.     5.This Act may be cited as the Representation of the People (Amendment) Act 1998.

© Parliamentary copyright 1997
Prepared 15 January 1998