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A | |
Bill | |
To | |
Make provision for piloting in certain regions different methods of voting at | |
the European Parliamentary general election in 2004 and at certain local | |
elections held at the same time; and to enable consequential alterations to be | |
made to voting procedures at local elections. | |
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:— | |
Piloting | |
1 Piloting conduct at European and local elections | |
(1) The Secretary of State may by order require that in relation to any of the pilot | |
matters an election to which this section applies must be conducted— | |
(a) in the manner described in the order; | 5 |
(b) in accordance with such provision made by order under section 2 | |
which differs in any respect from that made by or under a relevant | |
enactment. | |
(2) The Secretary of State must not make an order under this section unless he first | |
consults the Electoral Commission. | 10 |
(3) It is immaterial whether such consultation occurs before or after the passing of | |
this Act. | |
(4) The following are elections to which this section applies— | |
(a) the European Parliamentary general election of 2004 in a region | |
specified in the order; | 15 |
(b) a local government election in England and Wales if the poll at such an | |
election is combined with the poll at the European Parliamentary | |
general election in a region specified in the order. | |
(5) An order under this section must not specify— | |
(a) London; | 20 |
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(b) the combined region established by order under section 11 of the | |
European Parliament (Representation) Act 2003 (c. 7) (region to be | |
combined with Gibraltar). | |
2 Pilot order | |
(1) If the Secretary of State makes an order under section 1 (the main order) he | 5 |
must also make an order under this section (the pilot order). | |
(2) The pilot order must make provision in connection with such of the pilot | |
matters to which the main order relates for the manner in which the conduct of | |
an election to which section 1 applies may differ from conduct provided for by | |
or under a relevant enactment. | 10 |
(3) In particular, the pilot order may make provision for voting to take place— | |
(a) on more than one day (whether or not each of the days is a day | |
appointed as a day of the poll); or | |
(b) at places other than polling stations. | |
(4) The Secretary of State must send a copy of the pilot order to— | 15 |
(a) each relevant local authority in a region specified in the main order; | |
(b) the Electoral Commission; | |
(c) the person who is by virtue of section 6 of the European Parliamentary | |
Elections Act 2002 (c. 24) the returning officer for each region specified | |
in the main order. | 20 |
(5) A local authority to whom a copy of the pilot order is sent must publish the | |
order in their area in such manner as they think fit. | |
(6) Subsections (2) and (3) of section 1 apply in relation to the pilot order as they | |
apply in relation to the main order. | |
3 Pilot schemes under the 2000 Act | 25 |
Section 10 of the Representation of the People Act 2000 (c. 2) (pilot schemes for | |
local elections in England and Wales) does not apply to a local government | |
election if the poll at the election is to be taken on the same day as the poll at | |
the European Parliamentary general election of 2004. | |
Reports | 30 |
4 Electoral Commission report | |
(1) After any elections have been held in a region in accordance with provision | |
made by order under section 2, the Electoral Commission must prepare a | |
report in relation to the pilot matters on— | |
(a) the manner in which the elections were conducted; | 35 |
(b) the different provision. | |
(2) The Electoral Commission must consult such relevant local authorities in the | |
region as they consider appropriate in connection with the preparation of the | |
report. | |
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(3) Every relevant local authority in the region must give the Commission such | |
assistance as they may reasonably require in connection with the preparation | |
of the report. | |
(4) The assistance may include— | |
(a) making arrangements for ascertaining the views of voters about the | 5 |
administration of the elections; | |
(b) reporting to the Commission allegations of personation and of other | |
electoral offences or malpractice. | |
(5) The report must include a copy of the orders made under sections 1 and 2. | |
(6) The report must also include an assessment of the extent to which the manner | 10 |
in which the elections were conducted and the different provision— | |
(a) facilitated voting at the elections; | |
(b) encouraged voting at the elections; | |
(c) affected the incidence of personation or other electoral offences or | |
malpractice; | 15 |
(d) assisted the counting of votes at the elections; | |
(e) provided opportunities for savings in the costs of administering the | |
elections or led to any increase in such costs. | |
(7) The assessment must include a statement by the Electoral Commission as to | |
whether in their opinion— | 20 |
(a) the turnout of voters was higher than it would otherwise have been; | |
(b) voters found the procedures provided for their assistance easy to use. | |
(8) Not later than the end of the period of three months beginning with the date of | |
the declaration of the result of the European Parliamentary general election in | |
the region the Electoral Commission must— | 25 |
(a) send a copy of the report to the Secretary of State, and | |
(b) publish the report in such manner as they think fit. | |
(9) Different provision is provision made by order under section 2. | |
(10) This section does not affect the duty of the Electoral Commission to prepare | |
and publish under section 5 of the Political Parties, Elections and Referendums | 30 |
Act 2000 (c. 41) a report on the administration of the election. | |
5 Revision of procedures in light of report | |
(1) If a report is made under section 4 above on the conduct of a local government | |
election section 11 of the Representation of the People Act 2000 (c. 2) (revision | |
of procedures in the light of pilot schemes) applies as it applies if a report is | 35 |
made under section 10 of that Act, subject to the following modifications. | |
(2) The reference in section 11(1) to provision similar to that made by a scheme | |
under section 10 is to be read as a reference to provision similar to that made | |
by an order under section 1 or 2 above for the conduct of the local government | |
election. | 40 |
(3) Subsection (4) of section 11 is to be read as if it required the Secretary of State, | |
when laying a draft of an order under that section, to lay a copy of each report | |
of the Electoral Commission under section 4 above on the conduct of a local | |
government election held in accordance with provision similar to that made by | |
the order. | 45 |
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Offences | |
6 Personation: arrestable offence | |
(1) In relation to England and Wales, for the purposes of any election held in | |
accordance with provision made by order under section 2, the offence of | |
personation under section 60 of the Representation of the People Act 1983 (c. 2) | 5 |
must be treated as if it is an offence to which section 24(2) of the Police and | |
Criminal Evidence Act 1984 (c. 60) (offences which are arrestable offences) | |
applies. | |
(2) In relation to Scotland, for the purposes of any election held in accordance with | |
provision made by order under section 2, a constable may arrest without | 10 |
warrant a person whom he has reasonable cause to believe is committing or | |
has committed the offence of personation under section 60 of the | |
Representation of the People Act 1983. | |
(3) Subsections (1) and (2) do not affect anything which may be done in pursuance | |
of Rule 36 of Schedule 1 to the Representation of the People Act 1983 (arrest of | 15 |
challenged voter). | |
7 Time limit for prosecution of offences | |
(1) This section applies for the purposes of any election held in accordance with | |
provision made by order under section 2. | |
(2) A magistrates’ court or (in Scotland) the sheriff may act under subsection (3) if | 20 |
it or he (as the case may be) is satisfied on an appropriate application— | |
(a) that there are exceptional circumstances which justify the granting of | |
the application, and | |
(b) that there has been no undue delay in the investigation of the offence to | |
which the application relates. | 25 |
(3) The magistrates’ court or the sheriff (as the case may be) may extend the time | |
within which proceedings for an offence must be commenced in pursuance of | |
section 176(1) of the Representation of the People Act 1983 (time limit for | |
prosecution of offences under that Act) to not more than 24 months after the | |
offence is committed. | 30 |
(4) An appropriate application is— | |
(a) in relation to England and Wales, an application by a constable or | |
Crown Prosecutor; | |
(b) in relation to Scotland, an application by the procurator fiscal. | |
Other elections, etc. | 35 |
8 Other elections, etc. | |
(1) The Schedule (which makes provision for certain other elections and | |
referendums) has effect. | |
(2) An order under section 1 may make provision in consequence of anything | |
required or permitted in pursuance of the Schedule (including provision | 40 |
modifying or disapplying any enactment mentioned in the Schedule). | |
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