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Electoral Administration Bill


Electoral Administration Bill
Part 8 — Miscellaneous

66

 

Encouraging electoral participation

63      

Encouraging electoral participation

(1)   

A local electoral officer may take such steps as he thinks appropriate to

encourage the participation by electors in the electoral process in the area for

which he acts.

5

(2)   

A local electoral officer must have regard to any guidance issued by the

Electoral Commission for the purposes of this section.

(3)   

This section does not permit an electoral registration officer to undertake any

activity in relation to a local government election in Scotland unless the activity

relates to a matter falling within Section B3 (elections) of Schedule 5 to the

10

Scotland Act 1998 (reserved matters).

(4)   

The Secretary of State may reimburse a local electoral officer in respect of any

expenditure incurred by the officer for the purposes of this section.

(5)   

The amount paid under subsection (4) must not in any year exceed such

amount as is determined in accordance with regulations made by the Secretary

15

of State.

(6)   

The power to make regulations under subsection (5) is exercisable by statutory

instrument subject to annulment in pursuance of a resolution of either House

of Parliament.

(7)   

The regulations may make different provision for different purposes.

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(8)   

A local electoral officer is—

(a)   

an electoral registration officer;

(b)   

a returning officer for an election mentioned in subsection (9).

(9)   

These are the elections—

(a)   

parliamentary elections;

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(b)   

local government elections in England and Wales and Northern

Ireland;

(c)   

European Parliamentary elections;

(d)   

elections to the Scottish Parliament;

(e)   

elections to the Northern Ireland Assembly;

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(f)   

elections to the National Assembly for Wales.

(10)   

References to a local government election must be construed in accordance

with the 1983 Act.

Criminal proceedings

64      

Time limit for prosecutions

35

(1)   

In section 176 of the 1983 Act (time limit for prosecution of offences) after

subsection (2) insert—

“(2A)   

A magistrates’ court in England and Wales may act under subsection

(2B) if it is satisfied on an application by a constable or Crown

Prosecutor—

40

 
 

Electoral Administration Bill
Part 9 — General

67

 

(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.

(2B)   

The magistrates’ court may extend the time within which proceedings

5

must be commenced in pursuance of subsection (1) above to not more

than 24 months after the offence was committed.

(2C)   

If the magistrates’ court acts under subsection (2B), it may also make an

order under subsection (2D) if it is satisfied, on an application by a

constable or Crown Prosecutor, that documents retained by the

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relevant registration officer in pursuance of rule 57 of the

parliamentary elections rules may provide evidence relating to the

offence.

(2D)   

An order under this subsection is an order—

(a)   

directing the relevant registration officer not to cause the

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documents to be destroyed at the expiry of the period of one

year mentioned in rule 57, and

(b)   

extending the period for which he is required to retain them

under that rule by such further period not exceeding 12 months

as is specified in the order.

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(2E)   

The making of an order under subsection (2D) does not affect any other

power to require the retention of the documents.

(2F)   

An application under this section must be made not more than one year

after the offence was committed.

(2G)   

Any party to—

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(a)   

an application under subsection (2A), or

(b)   

an application under subsection (2C),

   

who is aggrieved by the refusal of the magistrates' court to act under

subsection (2B) or to make an order under subsection (2D) (as the case

may be) may appeal to the Crown Court.”

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(2)   

In Schedule 1 to that Act, in rule 57(1) (retention and public inspection of

documents) for “or the High Court” substitute “, the High Court, the Crown

Court or a magistrates’ court”.

65      

Restriction on powers of arrest by persons other than constables

Section 24A of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without

35

warrant: other persons) does not permit a person other than a constable to

arrest a person who commits or is suspected of committing an offence under

section 60 of the 1983 Act (personation) if the offence is committed or is

suspected of being committed inside a polling station.

Part 9

40

General

66      

Miscellaneous amendments and repeals

(1)   

Part 6 of Schedule 1 contains miscellaneous amendments.

 
 

Electoral Administration Bill
Part 9 — General

68

 

(2)   

Schedule 2 contains repeals.

67      

Financial provision

(1)   

There shall be paid out of money provided by Parliament

(a)   

any expenses incurred by the Secretary of State in consequence of this Act, and

(b)   

any increase attributable to this Act in the sums which under any other Act

5

are payable out of money so provided.

(2)   

There shall be paid out of the Consolidated Fund any increase attributable to this Act

in the sums which under any other Act are payable out of that Fund.

68      

Interpretation

(1)   

“The 1983 Act” means the Representation of the People Act 1983 (c. 2).

10

(2)   

“The 2000 Act” means the Political Parties, Elections and Referendums Act

2000 (c. 41).

69      

Commencement

(1)   

The following provisions come into force on the day on which this Act is

passed—

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(a)   

section 1 (except subsections (2) and (5));

(b)   

section 2 (except subsections (2), (4) to (9) and (12));

(c)   

section 3;

(d)   

section 4;

(e)   

section 5 (except subsection (10));

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(f)   

section 6;

(g)   

section 8;

(h)   

section 15;

(i)   

section 67;

(j)   

section 68;

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(k)   

this section;

(l)   

section 70;

(m)   

section 71.

(2)   

Otherwise, this Act comes into force on such day as the Secretary of State may

by order made by statutory instrument appoint.

30

(3)   

Different days may be appointed for different purposes.

(4)   

An order under subsection (2) may make—

(a)   

any supplementary, incidental or consequential provision, and

(b)   

any transitory, transitional or saving provision,

   

as the Secretary of State considers necessary or expedient in connection with

35

the order.

(5)   

An order under subsection (2) made for the purposes of section 13 (except

subsection (5)) or section 14 (whether or not the order contains any other

provision) must not be made unless a draft of the instrument containing the

order is laid before and approved by a resolution of each House of Parliament.

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Electoral Administration Bill
Part 9 — General

69

 

70      

Extent

(1)   

Subject to subsections (2) to (5), the extent of any amendment or repeal made

by this Act is the same as that of the enactment amended or repealed.

(2)   

The following provisions do not extend to Northern Ireland—

(a)   

sections 9, 10 and 11;

5

(b)   

section 61;

(c)   

section 64;

(d)   

Parts 1 and 2 of Schedule 1.

(3)   

Section 64 does not extend to Scotland.

(4)   

A repeal of an enactment by Schedule 2 which corresponds to a repeal of that

10

enactment by any other provision of this Act has the same extent as that other

provision.

(5)   

The repeal in Schedule 2 relating to paragraph 86 of Schedule 4 to the

Representation of the People Act 1985 does not extend to Northern Ireland.

71      

Short title

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This Act may be cited as the Electoral Administration Act 2006.

 
 

 
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Revised 11 October 2005