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| 5 |
The Juries Act 1974 (c. 23) |
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1 | In section 3 of the Juries Act 1974 (electoral register as basis of jury selection), |
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after subsection (1) insert— |
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“(1A) | If a register to be delivered under subsection (1) above includes any |
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anonymous entries (within the meaning of that Act of 1983) the |
| 10 |
registration officer must, at the same time as he delivers the register, |
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also deliver to the designated officer any record prepared in |
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pursuance of provision made as mentioned in paragraph 8A of |
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Schedule 2 to that Act which relates to such anonymous entries.” |
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2 | The 1983 Act is amended in accordance with paragraphs 3 to 16. |
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3 | In section 4 (entitlement to be registered as parliamentary or local |
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government elector), after subsection (5) insert— |
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“(5A) | If a person entitled to be registered by virtue of subsection (5) above |
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has an anonymous entry in the register, the references in paragraphs |
| 20 |
(a) and (b) of that subsection to his entry in the register are to be read |
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as references to his entry in the record of anonymous entries |
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prepared in pursuance of paragraph 8A of Schedule 2 below.” |
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4 (1) | Section 9 (registers of electors) is amended as follows. |
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(2) | In subsection (2), for “Each register” substitute “Subject to section 9B(3) |
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(3) | In subsection (5), for “names” substitute “entries”. |
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5 | In section 10 (maintenance of registers: annual canvass), in subsection (3) |
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after paragraph (b) insert “; or |
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(c) | the registration of persons with anonymous entries in the |
| 30 |
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6 (1) | Section 10A (maintenance of the registers: registration of electors) is |
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|
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(2) | After subsection (3A) (inserted by section 12(4) of this Act) insert— |
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“(3B) | No objection to a person’s registration may be made if the person has |
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an anonymous entry in the register.” |
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(3) | In subsection (5) the words “the name of” are omitted. |
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7 | In section 49 (effect of registers), after subsection (4) insert— |
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“(4A) | Subsection (4) applies to an entry in the record of anonymous entries |
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as it applies to an entry in the register of parliamentary or local |
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8 | In section 56 (registration appeals), in subsection (1) after paragraph (aa) |
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(inserted by section 12(8) of this Act) insert— |
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“(ab) | from a determination of the registration officer under section |
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9 (1) | Section 62 (offences as to declarations) is amended as follows. |
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(2) | After subsection (1) insert— |
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“(1A) | A person who makes a declaration under section 9B(1)(b) above— |
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(a) | except as permitted by this Act, when he knows that he is |
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subject to a legal incapacity to vote, or |
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(b) | when he knows that it contains a statement which is false, |
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| shall be guilty of an offence and liable on summary conviction to a |
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fine not exceeding level 5 on the standard scale.” |
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(3) | In subsection (2) for “the reference in subsection (1) above to a legal |
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incapacity to vote refers” substitute “the references in subsections (1) and |
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(1A) above to a legal incapacity to vote refer”. |
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10 (1) | Section 91 (candidate’s right to send election address post free) is amended |
| |
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(2) | After subsection (2) insert— |
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“(2A) | The candidate may require the returning officer to make |
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arrangements with the universal service provider for |
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communications under subsection (1)(b) to be sent to persons who |
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have anonymous entries in the register. |
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(2B) | Arrangements under subsection (2A) shall be such as to ensure that |
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it is not disclosed to any other person that the addressee of such a |
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communication has an anonymous entry.” |
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(3) | In subsection (4)(b)— |
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(a) | after “in that register” insert “(or, in the case of a person who has an |
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anonymous entry in the register, in the record of anonymous |
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(b) | after “from the register” insert “(or from the record)”. |
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11 | In section 121 (presentation and service of parliamentary election petition), |
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after subsection (1) insert— |
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“(1A) | The reference in subsection (1)(a) to a person who voted as an elector |
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at an election or who had the right so to vote does not include a |
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person who had an anonymous entry in the register of electors.” |
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12 | In section 128 (presentation of petition questioning local election), after |
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“(1A) | The reference in subsection (1) to a person who voted as an elector at |
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an election or who had the right so to vote does not include a person |
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who had an anonymous entry in the register of electors. |
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(1B) | Subsection (1A) does not apply to a local government election in |
| |
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13 (1) | Section 202(1) (general provisions as to interpretation) is amended as |
| |
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(2) | Before the definition of “citizen of the Union” insert— |
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““anonymous entry”, in relation to a register of electors, shall be |
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construed in accordance with section 9B above and “the |
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record of anonymous entries”, means the record prepared in |
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pursuance of regulations made by virtue of paragraph 8A of |
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Schedule 2 to this Act;”. |
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(3) | In the definition of “elector”— |
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(a) | for “whose name is for the time being” substitute “who has for the |
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time being an entry”, and |
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(b) | after “shown in the register” insert “(or, in the case of a person who |
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has an anonymous entry in the register, in the record of anonymous |
| 20 |
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14 (1) | Schedule 1 (parliamentary elections rules) is amended as follows. |
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(2) | In rule 7 (subscription of nomination paper), after paragraph (6) insert— |
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“(7) | But, in this rule, “elector” does not include a person who has an |
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anonymous entry in the register.” |
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(3) | In rule 28 (issue of official poll cards) after paragraph (3) insert— |
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“(3A) | In the case of an elector with an anonymous entry, instead of |
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containing the matter mentioned in paragraph (3)(b) above the |
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polling card shall contain such matter as is prescribed.” |
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(4) | In rule 40 (tendered ballot papers) after paragraph (4) insert— |
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“(4A) | This rule applies to an elector who has an anonymous entry |
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subject to the following modifications— |
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(a) | in paragraphs (2)(b) and (3) the references to the name of |
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the voter must be ignored; |
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(b) | otherwise, a reference to a person named on a register or |
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list must be construed as a reference to a person whose |
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number appears on the register or list (as the case may |
| |
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15 (1) | Schedule 2 (provisions which may be contained in regulations as to |
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registration etc.) is amended as follows. |
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(2) | In paragraph 1(3), for “name” substitute “entry”. |
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(3) | After paragraph 2A insert— |
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“2B | Provisions requiring registration officers to remind persons with |
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anonymous entries in registers of the need to make a fresh |
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|
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|
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|
application and declaration in order for them to remain so |
| |
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(4) | After paragraph 3A insert— |
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“3B | Provisions as to the form and content of applications for an |
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anonymous entry and declarations to be made in connection with |
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(5) | In paragraph 5, after sub-paragraph (1A) insert— |
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“(1B) | Provisions as to the evidence which shall or may be deemed |
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sufficient or conclusive evidence that a person’s safety would be |
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at risk as mentioned in section 9B(2) of this Act.” |
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(6) | After paragraph 8 insert— |
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“8A | Provisions requiring the registration officer to prepare a record of |
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those persons with anonymous entries in the register showing, in |
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relation to each such person, such information as is prescribed.” |
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(7) | In paragraph 10, after sub-paragraph (1) insert— |
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“(1A) | The edited version shall not omit anonymous entries.” |
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16 | In Schedule 2A (control of donations to candidates), the existing text of |
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paragraph 10 becomes sub-paragraph (1) of the paragraph and after sub- |
| |
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“(2) | If the statement states that the candidate’s election agent has seen |
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evidence of such description as is prescribed by the Secretary of |
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State in regulations that an individual donor has an anonymous |
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entry in an electoral register, the statement must be accompanied |
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by a copy of the evidence. |
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(3) | Sub-paragraph (2) does not apply to local government elections in |
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The Representation of the People Act 1985 (c. 50) |
| |
17 (1) | Section 3 of the Representation of the People Act 1985 is amended as follows. |
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(2) | After subsection (4) insert— |
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“(4A) | For the purposes of subsections (3)(a) and (4)(c) above, a person who |
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has an anonymous entry in a register of parliamentary electors or |
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local government electors is not to be regarded as being included in |
| |
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(3) | In subsection (7), for “names” substitute “entries”. |
| |
The Greater London Authority Act 1999 (c. 29) |
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18 (1) | Section 17A of the Greater London Authority Act 1999 (free delivery of |
| |
election addresses) is amended as follows. |
| |
(2) | In subsection (2)(b)— |
| |
(a) | after “in any such register” insert “(or, in the case of a person who has |
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an anonymous entry in any such register, in the record of |
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anonymous entries for that electoral area)”, and |
| |
|
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|
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|
(b) | after “from the register” insert “(or from the record)”. |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | In subsection (2)(b), “anonymous entry” and “record of anonymous |
| |
entries” have the meaning given in section 202(1) of the |
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Representation of the People Act 1983.” |
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The Representation of the People Act 2000 (c. 2) |
| |
19 | Schedule 4 to the Representation of the People Act 2000 (absent voting) is |
| |
amended in accordance with paragraphs 20 to 23. |
| |
20 (1) | Paragraph 3 is amended as follows. |
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(2) | In sub-paragraph (3), after paragraph (a) insert— |
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“(aa) | if he has an anonymous entry in the register of electors for |
| |
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(3) | After sub-paragraph (3) insert— |
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“(3A) | Sub-paragraph (3)(aa) does not apply to an application to vote by |
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proxy at a local government election in Scotland.” |
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(4) | In sub-paragraph (5), after paragraph (a) insert— |
| |
“(aa) | in the case of a person who is eligible to vote by proxy by |
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virtue of having an anonymous entry, if he ceases to have |
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21 | In paragraph 4, after sub-paragraph (2) insert— |
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“(2A) | Where a person who has an anonymous entry in the register of |
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electors for a parliamentary or local government election applies |
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to the registration officer to vote by proxy at a particular such |
| |
election the registration officer shall grant the application if it |
| |
meets the prescribed requirements. |
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(2B) | Sub-paragraph (2A) does not apply to an application to vote by |
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proxy at a local government election in Scotland.” |
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22 | In paragraph 5, after sub-paragraph (3) insert— |
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“(4) | In the case of a person who has an anonymous entry in a register |
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the postal voters list or list of proxies (as the case may be) must |
| 30 |
show in relation to the person only— |
| |
(a) | his electoral number, and |
| |
(b) | the period for which the anonymous entry has effect. |
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(5) | Sub-paragraph (4) does not apply to any list kept in respect of a |
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local government election in Scotland.” |
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23 | In paragraph 7, after sub-paragraph (8) insert— |
| |
“(8A) | In the case of a person who has an anonymous entry in a register |
| |
the special list mentioned in sub-paragraph (8) must contain |
| |
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(a) | the person’s electoral number, and |
| 40 |
(b) | the period for which the anonymous entry has effect. |
| |
|
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|
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|
(8B) | Sub-paragraph (8A) does not apply to a special list kept in respect |
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of a local government election in Scotland.” |
| |
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24 | The 2000 Act is amended as follows. |
| |
25 | In section 65 (submission of donation reports to Commission), after |
| 5 |
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“(2A) | If a donation report under section 62 or 63 states that the registered |
| |
party has seen evidence of such description as is prescribed by the |
| |
Secretary of State in regulations that an individual donor has an |
| |
anonymous entry in an electoral register (within the meaning of the |
| 10 |
Representation of the People Act 1983), the report must be |
| |
accompanied by a copy of the evidence.” |
| |
26 | In paragraph 2 of Schedule 6 (details to be given in donation reports) after |
| |
sub-paragraph (3A) insert— |
| |
“(3B) | Sub-paragraph (2) applies in the case of a donation by a person |
| 15 |
who has an anonymous entry in an electoral register (within the |
| |
meaning of the Representation of the People Act 1983), as if for |
| |
paragraphs (a) and (b) there were substituted “state that the |
| |
registered party has seen evidence of such description as is |
| |
prescribed by the Secretary of State in regulations that the |
| 20 |
individual has an anonymous entry in an electoral register (within |
| |
the meaning of the Representation of the People Act 1983)”. |
| |
(3C) | Sub-paragraph (3) applies in the case of a donation in the form of |
| |
a bequest by a person who either— |
| |
(a) | at the time of his death, or |
| 25 |
(b) | at any time in the period of five years ending with the date |
| |
| |
| had an anonymous entry in an electoral register (within the |
| |
meaning of the Representation of the People Act 1983), as if for |
| |
paragraph (b) there were substituted— |
| 30 |
“(b) | a statement that the registered party has seen evidence of |
| |
such description as is prescribed by the Secretary of State |
| |
in regulations that the individual had— |
| |
(i) | at the time of his death, or |
| |
(ii) | at any time in the period of five years ending with |
| 35 |
| |
| an anonymous entry in an electoral register (within the |
| |
meaning of the Representation of the People Act 1983).”.” |
| |
27 | The existing text of paragraph 3 of that Schedule becomes sub-paragraph (1) |
| |
and after sub-paragraph (1) insert— |
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“(2) | In the case of a donation by a person who has an anonymous entry |
| |
in an electoral register (within the meaning of the Representation |
| |
of the People Act 1983), instead of giving details of the address of |
| |
the donor the party must state that it has seen evidence of such |
| |
description as is prescribed by the Secretary of State in regulations |
| 45 |
that the person has such an entry. |
| |
|
| |
|
| |
|
(3) | In the case of a donation in the form of a bequest by a person who |
| |
| |
(a) | at the time of his death, or |
| |
(b) | at any time in the period of five years ending at the date of |
| |
| 5 |
| had such an entry, instead of giving details of the address of the |
| |
donor, the party must state that it has seen evidence of such |
| |
description as is prescribed by the Secretary of State in regulations |
| |
that the person had, at that time, such an entry.” |
| |
28 | In Schedule 7 (control of donations to individuals and members |
| 10 |
associations), in paragraph 10, after sub-paragraph (4) insert— |
| |
“(4A) | In the case of a donation made by an individual who has an |
| |
anonymous entry in an electoral register (within the meaning of |
| |
the Representation of the People Act 1983), if the report states that |
| |
the donee has seen evidence of such description as is prescribed by |
| 15 |
the Secretary of State in regulations that the individual has such an |
| |
anonymous entry, the report must be accompanied by a copy of |
| |
| |
29 | In Schedule 11 (control of donations to recognised third parties), in |
| |
paragraph 10, after sub-paragraph (3) insert— |
| 20 |
“(4) | In the case of a donation made by an individual who has an |
| |
anonymous entry in an electoral register (within the meaning of |
| |
the Representation of the People Act 1983) if the statement states |
| |
that the recognised third party has seen evidence of such |
| |
description as is prescribed by the Secretary of State in regulations |
| 25 |
that the individual has such an anonymous entry, the statement |
| |
must be accompanied by a copy of the evidence.” |
| |
30 | In Schedule 15 (control of donations to permitted participants), in paragraph |
| |
10, after sub-paragraph (3) insert— |
| |
“(4) | In the case of a donation made by an individual who has an |
| 30 |
anonymous entry in an electoral register (within the meaning of |
| |
the Representation of the People Act 1983) if the statement states |
| |
that the permitted participant has seen evidence of such |
| |
description as is prescribed by the Secretary of State in regulations |
| |
that the individual has such an anonymous entry, the statement |
| 35 |
must be accompanied by a copy of the evidence.” |
| |
| |
Alteration of registers: pending elections |
| |
31 | The 1983 Act is amended as follows. |
| |
32 | In section 13A(4) (alteration of registers), after “section 13B(3)” insert “, (3B) |
| 40 |
| |
33 | Schedule 1 (parliamentary elections rules) is amended as follows. |
| |
34 | In rule 29 (equipment of polling stations) after paragraph (5) insert— |
| |
“(6) | The reference in paragraph (3)(c) to the copies of the registers of |
| |
electors includes a reference to copies of any notices issued under |
| 45 |
|
| |
|