Electoral Administration Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 6 — Conduct of elections etc.
27

Part 6
Conduct of elections etc.
Election timetables
24
Omission of references to Maundy Thursday
Part 4 of Schedule 1 contains amendments which omit the words “Maundy
5
Thursday” from certain enactments specifying the days which are to be
disregarded for the purposes of election timetables and the computation of
periods relating to elections.
Nomination
25
Use of candidates’ common names
10
(1)
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as
follows.
(2)
In rule 6 (nomination of candidates), after paragraph (2) insert—
   “(2A)
If a candidate commonly uses—
(a)
a surname which is different from any other surname he has,
15
or
(b)
a forename which is different from any other forename he
has,

the nomination paper may state the commonly used surname or
forename in addition to the other name.”
20
(3)
In rule 14 (publication of statement of persons nominated), after paragraph (2)
insert—
   “(2A)
If a person’s nomination paper gives a commonly used surname or
forename in addition to another name, the statement shall show the
person’s commonly used surname or forename (as the case may be)
25
instead of any other name.
     (2B)
Paragraph (2A) above does not apply if the returning officer thinks—
(a)
that the use of the person’s commonly used name may be
likely to mislead or confuse electors, or
(b)
that the commonly used name is obscene or offensive.
30
     (2C)
If paragraph (2B) above applies, the returning officer must give
notice in writing to the candidate of his reasons for refusing to allow
the use of a commonly used name.”
(4)
In the Appendix of forms, in the Form of nomination paper, for the first table

Electoral Administration Bill
Part 6 — Conduct of elections etc.
28

following the words “candidate at the said election” substitute—

“Candidate’s
Other
Commonly
Commonly
Description
Home address

surname
names in
used
used
(if any)
in full

full
surname
forenames

(if any)
(if any)

5

SULLIVAN
Arthur
GILBERT
W. S.
Independent
52,

Seymour

(against
Bunthorne

upgrading
Walk,

the M399)
Basingstoke”

(5)
In the Appendix of forms, in the Note following the Form of nomination paper,
10
after paragraph 2 insert—
“2A
Where a candidate commonly uses a name which is different from
any other name he has, the commonly used name may also appear
on the nomination paper, but if it does so, the commonly used name
(instead of any other name) will appear on the ballot paper.
15
2B
But the ballot paper will show the other name if the returning officer
thinks—
(a)
that the use of the commonly used name may be likely to
mislead or confuse electors, or
(b)
that the commonly used name is obscene or offensive.”
20
26
Offences as to false statements in nomination papers
In section 65A of the 1983 Act (false statements in nomination papers), after
subsection (1) insert—
“(1A)
A person is guilty of a corrupt practice if, in the case of any relevant
election, he makes in any document in which he gives his consent to his
25
nomination as a candidate—
(a)
a statement of his date of birth,
(b)
a statement as to his qualification for being elected at that
election, or
(c)
a statement that he has not been selected or authorised to stand
30
in the name or on behalf of any registered party, organisation or
other person,

which he knows to be false in any particular.
(1B)
For the purposes of subsection (1A), a statement as to a candidate’s
qualification is a statement—
35
(a)
that he is qualified for being elected,
(b)
that he will be qualified for being elected, or
(c)
that to the best of his knowledge and belief he is not disqualified
for being elected.”

Electoral Administration Bill
Part 6 — Conduct of elections etc.
29

Election expenses
27
Amount of expenses which may be incurred by third party
(1)
Section 75 of the 1983 Act (prohibition of expenses not authorised by election
agent) is amended as follows.
(2)
In subsection (1)—
5
(a)
after “be incurred” insert “during the relevant period”;
(b)
omit from “but paragraph (c) or (d) of” to the end.
(3)
After subsection (1) insert—
“(1ZZA)
Paragraph (c) or (d) of subsection (1) above does not restrict the
publication of any matter relating to the election in—
10
(a)
a newspaper or other periodical,
(b)
a broadcast made by the British Broadcasting Corporation or by
Sianel Pedwar Cymru, or
(c)
a programme included in any service licensed under Part 1 or 3
of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting
15
Act 1996.
(1ZZB)
Subsection (1) above does not apply to any expenses incurred by any
person—
(a)
which do not exceed in the aggregate the permitted sum (and
are not incurred by that person as part of a concerted plan of
20
action), or
(b)
in travelling or in living away from home or similar personal
expenses.”
(4)
In subsection (1ZA) for “subsection (1)(ii)” in each place where it occurs
substitute “subsection (1ZZB)(a)”.
25
(5)
After subsection (7) insert—
“(8)
In this section, “the relevant period” means—
(a)
in relation to a parliamentary general election, the period of
four months ending with the date of the poll for the election;
(b)
in relation to a local government election (other than an election
30
under section 89 of the Local Government Act 1972 to fill a
casual vacancy), the period of four months ending with the date
of the poll for the election;
(c)
in relation to a by-election or an election under section 89 of the
Local Government Act 1972 to fill a casual vacancy, the period
35
starting with the day when the vacancy occurs and ending with
the date of the poll for the election.
(9)
But in relation to a parliamentary general election the poll for which is
held less than four months after the date of the poll for the
parliamentary general election which preceded it, “the relevant period”
40
means the period—
(a)
beginning with the day after the date of the poll for the earlier
election, and
(b)
ending with the date of the poll for the election in question.
(10)
For the purposes of subsection (1)—
45

Electoral Administration Bill
Part 6 — Conduct of elections etc.
30

(a)
expenditure incurred before the relevant period is to be treated
as having been incurred during the relevant period if it is
incurred in connection with any thing which is used or takes
place during the relevant period;
(b)
it is immaterial whether at the time the expenditure is incurred
5
it is known who will be the candidate at the election.”
(6)
The amendments made by this section (except subsections (2)(a) and (5)) must
be taken to have had effect from 16 February 2001 (the date of coming into force
of section 131 of the 2000 Act).
(7)
This section does not apply to local government elections in Scotland (within
10
the meaning of the 1983 Act).
28
Return as to election expenses
(1)
In section 81 of the 1983 Act (returns as to election expenses), omit subsection
(3) and insert—
“(3A)
The return shall also contain as respects that candidate—
15
(a)
a statement relating to such other expenses in connection with
which provision is made by this Part as the Electoral
Commission provide in regulations;
(b)
a statement relating to such claims (whether paid, unpaid or
disputed) in connection with such election expenses or such
20
other expenses mentioned in paragraph (a) as the Electoral
Commission so provide;
(c)
a statement relating to such other matters as is prescribed.”
(2)
This section does not apply to local government elections in Scotland (within
the meaning of the 1983 Act).
25
29
Meaning of election expenses for purposes of the 1983 Act
(1)
The 1983 Act is amended as follows.
(2)
After section 90 (election expenses at elections where election agent not
required) insert—
“90ZA
Meaning of “election expenses”
30
(1)
In this Part of this Act “election expenses” in relation to a candidate at
an election means (subject to subsections (2) and (3) below and section
90C below) any expenses incurred at any time in respect of any matter
specified in Part 1 of Schedule 4A which is used for the purposes of the
candidate’s election during the relevant period.
35
(2)
For the purposes of subsection (1), it is immaterial whether any such
matter is so used before or after the date when the candidate becomes
a candidate at the election.
(3)
No election expenses are to be regarded as incurred by virtue of
subsection (1) above or section 90C below in respect of any matter
40
specified in Part 2 of Schedule 4A.

Electoral Administration Bill
Part 6 — Conduct of elections etc.
31

(4)
In this section and in section 90C below, “for the purposes of the
candidate’s election” means with a view to, or otherwise in connection
with, promoting or procuring the candidate’s election at the election.
(5)
In this section, “the relevant period” means—
(a)
in relation to a parliamentary general election, the period of
5
four months ending with the date of the poll for the election;
(b)
in relation to a local government election (other than an election
under section 89 of the Local Government Act 1972 to fill a
casual vacancy), the period of four months ending with the date
of the poll for the election;
10
(c)
in relation to a by-election or an election under section 89 of the
Local Government Act 1972 to fill a casual vacancy, the period
starting with the day when the vacancy occurs and ending with
the date of the poll for the election.
(6)
But in relation to a parliamentary general election the poll for which is
15
held less than four months after the date of the poll for the
parliamentary general election which preceded it, “the relevant period”
means the period—
(a)
beginning with the day after the date of the poll for the earlier
election, and
20
(b)
ending with the date of the poll for the election in question.
(7)
For the purposes of this Part of this Act, election expenses are incurred
by or on behalf of a candidate at an election if they are incurred —
(a)
by the candidate or his election agent, or
(b)
by any person authorised by the candidate or his election agent
25
to incur expenses.
(8)
In this Part of this Act, any reference to election expenses incurred by
or on behalf of a candidate at an election other than a by-election
includes expenses—
(a)
which are incurred as mentioned in subsection (1) above before
30
the date when he becomes a candidate at the election, but
(b)
which by virtue of that subsection and subsection (2) above fall
to be regarded as election expenses.
(9)
In this Part and in Part 3 of this Act, any reference (in whatever terms)
to promoting or procuring a candidate’s election at an election includes
35
doing so by prejudicing the electoral prospects of another candidate at
the election.
(10)
Schedule 4A has effect.
(11)
This section does not apply to a local government election in Scotland.”
(3)
Omit sections 90A and 90B.
40
(4)
The repeal of sections 90A and 90B by subsection (3) does not extend to those
sections as they apply to local government elections in Scotland (within the
meaning of the 1983 Act).
(5)
After Schedule 4 (election expenses at certain local elections in England and

Electoral Administration Bill
Part 6 — Conduct of elections etc.
32

Wales) insert—
“Schedule 4A
Section 90ZA

Election expenses
Part 1
List of matters
5
1
Advertising of any nature (whatever the medium used).


Expenses in respect of such advertising include agency fees, design
costs and other costs in connection with preparing, producing,
distributing or otherwise disseminating such advertising or
10
anything incorporating such advertising and intended to be
distributed for the purpose of disseminating it.
2
Unsolicited material addressed to electors (whether addressed to
them by name or intended for delivery to households within any
particular area).
15


Expenses in respect of such material include design costs and other
costs in connection with preparing, producing or distributing such
material (including the cost of postage).
3
Transport (by any means) of persons to any place.
20


Expenses in respect of the transport of such persons include the costs
of hiring a means of transport for a particular period.
4
Public meetings (of any kind).

25

Expenses in respect of such meetings include costs incurred in
connection with the attendance of persons at such meetings, the hire
of premises for the purposes of such meetings or the provision of
goods, services or facilities at them.
5
The services of an election agent or any other person whose services
30
are engaged in connection with the candidate’s election.
6
Accommodation and administrative costs.
Part 2
General Exclusions
7
The payment of any deposit required by rule 9 of Schedule 1 to this
35
Act.
8
The publication of any matter, other than an advertisement, relating
to the election in—
(a)
a newspaper or periodical;

Electoral Administration Bill
Part 6 — Conduct of elections etc.
33

(b)
a broadcast made by the British Broadcasting Corporation or
by Sianel Pedwar Cymru;
(c)
a programme included in any service licensed under Part 1 or
3 of the Broadcasting Act 1990 or Part 1 or 2 of the
Broadcasting Act 1996.
5
9
The provision of any facilities provided in pursuance of any right
conferred on candidates at an election by this Act other than facilities
in respect of which expenses fall to be defrayed by virtue of sections
95(4) and 96(4) above.
10
The provision by an individual of his own services which he
10
provides voluntarily in his own time and free of charge.
11    (1)
Accommodation which is the candidate’s sole or main residence.
      (2)
The provision by any other individual of accommodation which is
his sole or main residence if the provision is made free of charge.
12    (1)
Transport by a means of transport which was acquired by the
15
candidate principally for his own personal use.
      (2)
Transport provided free of charge by any other individual if the
means of transport was acquired by him principally for his own
personal use.
13    (1)
Computing or printing equipment which was acquired by the
20
candidate principally for his own personal use.
      (2)
The provision by any other individual of computing or printing
equipment which was acquired by the individual principally for his
own personal use if the provision is made free of charge.
Part 3
25
Supplemental
Guidance by Commission
14    (1)
The Electoral Commission (“the Commission”) may prepare, and
from time to time revise, a code of practice giving guidance as to the
matters which do, or do not, fall within Part 1 or 2 of this Schedule.
30
      (2)
Once the Commission have prepared a draft code under this
paragraph, they must submit it to the Secretary of State for his
approval.
      (3)
The Secretary of State may approve a draft code either without
modification or with such modifications as he may determine.
35
      (4)
Once the Secretary of State has approved a draft code he shall lay a
copy of the draft, whether—
(a)
in its original form, or
(b)
in a form which incorporates any modifications determined
under sub-paragraph (3),
40

before each House of Parliament.