(1-4)

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
european parliamentary and local elections (Pilots) BILL
[The page and line references are to HL Bill 14 as first printed for the Lords.]
Clause 1
1
Leave out Clause 1 and insert the following new Clause—

“Piloting conduct at European and local elections

(1)
An election to which this section applies (a pilot election) must be held—

(a)
only by postal voting, and (for that purpose)

(b)
in accordance with provision made by the Secretary of State by

order (a pilot order).

(2)
These are the elections to which this section applies—

(a)
the European Parliamentary general election of 2004 in a pilot

region;

(b)
a local government election in England and Wales if the poll at such

an election is combined with the poll at an election mentioned in

paragraph (a).

(3)
These are the pilot regions—

(a)
North East;

(b)
East Midlands.

(4)
Postal voting is voting where no polling station is used and a person

entitled to vote in person or by proxy must deliver the ballot paper by post

or by such other means as is specified in a pilot order.

(5)
A pilot order—

(a)
may modify or disapply any provision made by or under a relevant

enactment;

(b)
may contain such consequential, incidental, supplementary or

transitional provision or savings (including provision amending,

replacing, suspending or revoking provision made by or under any

enactment) as the Secretary of State thinks appropriate;

(c)
may make different provision for different purposes.”

Bill 63 53/3

(  2  )

Clause 2
2
Page 2, line 5, leave out subsections (1) to (3) and insert—

“(1)
This section has effect in relation to a pilot order.

(2)
A pilot order may make provision for conduct which differs from that

provided for by or under a relevant enactment.”
3
Page 2, line 14, at end insert—

“( )
The pilot order must provide that—

(a)
all postal ballot papers must be accompanied by a declaration of

identity, signed by the elector and by a witness, and containing in

legible form the name and address of the witness;

(b)
each elector who has returned a postal ballot paper is sent an

acknowledgment by the returning officer.”
4
Page 2, line 15, leave out first “The” and insert “A”
5
Page 2, line 16, leave out “the election” and insert “a pilot election”
6
Page 2, line 26, leave out second “the” and insert “a”
7
Page 2, line 26, after “order” insert “relating to a pilot region”
8
Page 2, line 27, leave out “a region specified in the main order” and insert “the

region”
9
Page 2, line 30, leave out “each region specified in the main order” and insert “the

region”
10
Page 2, line 32, leave out first “the” and insert “a”
11
Page 2, line 34, leave out subsection (10) and insert—

“( )
The Secretary of State must not make a pilot order unless he first consults

the Electoral Commission.

( )
It is immaterial whether such consultation occurs before or after the

passing of this Act.”
Clause 4
12
Page 3, line 3, leave out subsection (1) and insert—

“(1)
After a pilot election has been held, the Electoral Commission must prepare

a report in relation to it.”
13
Page 3, line 8, leave out subsection (2) and insert—

“( )
For the purposes of subsection (1) the Electoral Commission must consult

the council for every county and district in the region in which the pilot

election was held.”
14
Page 3, line 16, leave out “elections” and insert “election”
15
Page 3, line 19, leave out “orders made under sections 1 and 2” and insert “pilot

order”
16
Page 3, line 20, leave out from “which” to end of line 21 and insert “postal voting

and provision made by the pilot order—”

(  3  )
17
Page 3, line 22, leave out “elections” and insert “election”
18
Page 3, line 23, leave out “elections” and insert “election”
19
Page 3, line 26, leave out “elections” and insert “election”
20
Page 3, line 28, leave out “elections” and insert “election”
21
Page 3, line 28, at end insert—

“( )
For the purposes of subsection (6)(a) the report must include a statement of

the number of ballot papers which appear to the returning officer to have

been delivered to him during the period of one week starting with the day

after the date on which the poll closed.

( )
For the purposes of subsection (6)(c) the Commission must ascertain by

such means as it thinks appropriate and report on the views of electors as

to whether postal voting and provision made by the pilot order—

(a)
provided sufficient safeguards against fraud;

(b)
provided appropriate protection for the secrecy of the ballot.”
22
Page 4, line 2, leave out subsection (10)
23
Page 4, line 2, at end insert—

“( )
The returning officer is the person who is described as such in the pilot

order.”
Clause 5
24
Page 4, line 13, leave out from “by” to “for” and insert “a pilot order”
Clause 6
25
Page 4, line 22, leave out “In relation to England and Wales,”
26
Page 4, line 23, leave out “order under section 2” and insert “a pilot order”
27
Page 4, line 28, leave out subsection (2)
28
Page 4, line 33, leave out “Subsections (1) and (2) do” and insert “Subsection (1)

does”
Clause 7
29
Page 4, line 38, leave out “order under section 2” and insert “a pilot order”
30
Page 4, line 39, leave out “or (in Scotland) the sheriff”
31
Page 4, line 40, leave out “or he (as the case may be)”
32
Page 4, line 40, leave out “appropriate application” and insert “application by a

constable or Crown Prosecutor”
33
Page 5, line 3, leave out “or the sheriff (as the case may be)”
34
Page 5, line 8, leave out subsection (4)
Clause 8
35
Page 5, line 16, leave out “An order under section 1” and insert “A pilot order”

(  4  )

Clause 9
36
Page 5, line 26, leave out subsection (3) and insert—

“( )
A pilot order is an order made under section (Piloting conduct at European

and local elections).

( )
Pilot region must be construed in accordance with section (Piloting conduct

at European and local elections)(3).”
37
Page 5, line 33, leave out “in relation to England,”
38
Page 5, line 33, leave out “the Council of the Isles of Scilly”
39
Page 5, line 36, leave out paragraphs (b) and (c)
40
Page 5, line 40, at end insert—

“( )
Postal voting must be construed in accordance with section (Piloting

conduct at European and local elections)(4).”
Clause 10
41
Leave out Clause 10
Clause 12
42
Page 6, line 29, after “to” insert “Scotland or”
The Schedule
43
Page 7, line 7, leave out from third “a” to “must” in line 8 and insert “pilot region”
44
Page 7, line 11, leave out from “2004” to end of line 13
45
Page 7, line 15, leave out paragraph 2
46
Page 7, line 33, leave out from “a” to end of line 34 and insert “pilot region”
47
Page 8, line 10, leave out “an order under this Act” and insert “a pilot order”
48
Page 8, line 19, leave out from “a” to end of line 20 and insert “pilot region”
49
Page 8, line 35, leave out paragraph 5
50
Page 8, line 43, leave out “an order under section 2” and insert “a pilot order”