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Encouraging electoral participation |
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63 | Encouraging electoral participation |
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(1) | A local electoral officer may take such steps as he thinks appropriate to |
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encourage the participation by electors in the electoral process in the area for |
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(2) | A local electoral officer must have regard to any guidance issued by the |
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Electoral Commission for the purposes of this section. |
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(3) | This section does not permit an electoral registration officer to undertake any |
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activity in relation to a local government election in Scotland unless the activity |
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relates to a matter falling within Section B3 (elections) of Schedule 5 to the |
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Scotland Act 1998 (reserved matters). |
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(4) | The Secretary of State may reimburse a local electoral officer in respect of any |
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expenditure incurred by the officer for the purposes of this section. |
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(5) | The amount paid under subsection (4) must not in any year exceed such |
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amount as is determined in accordance with regulations made by the Secretary |
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(6) | The power to make regulations under subsection (5) is exercisable by statutory |
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instrument subject to annulment in pursuance of a resolution of either House |
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(7) | The regulations may make different provision for different purposes. |
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(8) | A local electoral officer is— |
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(a) | an electoral registration officer; |
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(b) | a returning officer for an election mentioned in subsection (9). |
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(9) | These are the elections— |
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(a) | parliamentary elections; |
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(b) | local government elections in England and Wales and Northern |
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(c) | European Parliamentary elections; |
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(d) | elections to the Scottish Parliament; |
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(e) | elections to the Northern Ireland Assembly; |
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(f) | elections to the National Assembly for Wales. |
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(10) | References to a local government election must be construed in accordance |
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64 | Time limit for prosecutions |
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(1) | In section 176 of the 1983 Act (time limit for prosecution of offences) after |
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“(2A) | A magistrates’ court in England and Wales may act under subsection |
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(2B) if it is satisfied on an application by a constable or Crown |
| |
| 40 |
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|
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(a) | that there are exceptional circumstances which justify the |
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granting of the application, and |
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(b) | that there has been no undue delay in the investigation of the |
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offence to which the application relates. |
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(2B) | The magistrates’ court may extend the time within which proceedings |
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must be commenced in pursuance of subsection (1) above to not more |
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than 24 months after the offence was committed. |
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(2C) | If the magistrates’ court acts under subsection (2B), it may also make an |
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order under subsection (2D) if it is satisfied, on an application by a |
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constable or Crown Prosecutor, that documents retained by the |
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relevant registration officer in pursuance of rule 57 of the |
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parliamentary elections rules may provide evidence relating to the |
| |
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(2D) | An order under this subsection is an order— |
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(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 |
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under that rule by such further period not exceeding 12 months |
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as is specified in the order. |
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(2E) | The making of an order under subsection (2D) does not affect any other |
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power to require the retention of the documents. |
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(2F) | An application under this section must be made not more than one year |
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after the offence was committed. |
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(a) | an application under subsection (2A), or |
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(b) | an application under subsection (2C), |
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| who is aggrieved by the refusal of the magistrates' court to act under |
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subsection (2B) or to make an order under subsection (2D) (as the case |
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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 |
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documents) for “or the High Court” substitute “, the High Court, the Crown |
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Court or a magistrates’ court”. |
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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 |
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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 |
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suspected of being committed inside a polling station. |
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66 | Miscellaneous amendments and repeals |
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(1) | Part 6 of Schedule 1 contains miscellaneous amendments. |
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|
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(2) | Schedule 2 contains repeals. |
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(1) | There shall be paid out of money provided by Parliament— |
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(a) | any expenses incurred by the Secretary of State in consequence of this Act, and |
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(b) | any increase attributable to this Act in the sums which under any other Act |
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are payable out of money so provided. |
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(2) | There shall be paid out of the Consolidated Fund any increase attributable to this Act |
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in the sums which under any other Act are payable out of that Fund. |
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(1) | “The 1983 Act” means the Representation of the People Act 1983 (c. 2). |
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(2) | “The 2000 Act” means the Political Parties, Elections and Referendums Act |
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(1) | The following provisions come into force on the day on which this Act is |
| |
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(a) | section 1 (except subsections (2) and (5)); |
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(b) | section 2 (except subsections (2), (4) to (9) and (12)); |
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(e) | section 5 (except subsection (10)); |
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(2) | Otherwise, this Act comes into force on such day as the Secretary of State may |
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by order made by statutory instrument appoint. |
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(3) | Different days may be appointed for different purposes. |
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(4) | An order under subsection (2) may make— |
| |
(a) | any supplementary, incidental or consequential provision, and |
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(b) | any transitory, transitional or saving provision, |
| |
| as the Secretary of State considers necessary or expedient in connection with |
| 35 |
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(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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|
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(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; |
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| |
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(d) | Parts 1 and 2 of Schedule 1. |
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(3) | Section 64 does not extend to Scotland. |
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(4) | A repeal of an enactment by Schedule 2 which corresponds to a repeal of that |
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enactment by any other provision of this Act has the same extent as that other |
| |
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(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. |
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This Act may be cited as the Electoral Administration Act 2006. |
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