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