Electoral Administration Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Electoral Administration Bill

70
Electoral Administration Bill
Schedule 1 — Amendments
Part 1 — Anonymous registration

Schedules
Schedule 1
Sections 10, 11, 21, 24, 45, 66

Amendments
Part 1
Anonymous registration
5
The Juries Act 1974 (c. 23)
1
In section 3 of the Juries Act 1974 (electoral register as basis of jury selection),
after subsection (1) insert—
“(1A)
If a register to be delivered under subsection (1) above includes any
anonymous entries (within the meaning of that Act of 1983) the
10
registration officer must, at the same time as he delivers the register,
also deliver to the designated officer any record prepared in
pursuance of provision made as mentioned in paragraph 8A of
Schedule 2 to that Act which relates to such anonymous entries.”
The 1983 Act
15
2
The 1983 Act is amended in accordance with paragraphs 3 to 16.
3
In section 4 (entitlement to be registered as parliamentary or local
government elector), after subsection (5) insert—
“(5A)
If a person entitled to be registered by virtue of subsection (5) above
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
as references to his entry in the record of anonymous entries
prepared in pursuance of paragraph 8A of Schedule 2 below.”
4     (1)
Section 9 (registers of electors) is amended as follows.
      (2)
In subsection (2), for “Each register” substitute “Subject to section 9B(3)
25
below, each register”.
      (3)
In subsection (5), for “names” substitute “entries”.
5
In section 10 (maintenance of registers: annual canvass), in subsection (3)
after paragraph (b) insert “; or
(c)
the registration of persons with anonymous entries in the
30
register.”
6     (1)
Section 10A (maintenance of the registers: registration of electors) is
amended as follows.

Electoral Administration Bill
Schedule 1 — Amendments
Part 1 — Anonymous registration
71

      (2)
After subsection (3A) (inserted by section 12(4) of this Act) insert—
“(3B)
No objection to a person’s registration may be made if the person has
an anonymous entry in the register.”
      (3)
In subsection (5) the words “the name of” are omitted.
7
In section 49 (effect of registers), after subsection (4) insert—
5
“(4A)
Subsection (4) applies to an entry in the record of anonymous entries
as it applies to an entry in the register of parliamentary or local
government electors.”
8
In section 56 (registration appeals), in subsection (1) after paragraph (aa)
(inserted by section 12(8) of this Act) insert—
10
“(ab)
from a determination of the registration officer under section
9B(2) above,”.
9     (1)
Section 62 (offences as to declarations) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
A person who makes a declaration under section 9B(1)(b) above—
15
(a)
except as permitted by this Act, when he knows that he is
subject to a legal incapacity to vote, or
(b)
when he knows that it contains a statement which is false,

shall be guilty of an offence and liable on summary conviction to a
fine not exceeding level 5 on the standard scale.”
20
      (3)
In subsection (2) for “the reference in subsection (1) above to a legal
incapacity to vote refers” substitute “the references in subsections (1) and
(1A) above to a legal incapacity to vote refer”.
10    (1)
Section 91 (candidate’s right to send election address post free) is amended
as follows.
25
      (2)
After subsection (2) insert—
“(2A)
The candidate may require the returning officer to make
arrangements with the universal service provider for
communications under subsection (1)(b) to be sent to persons who
have anonymous entries in the register.
30
(2B)
Arrangements under subsection (2A) shall be such as to ensure that
it is not disclosed to any other person that the addressee of such a
communication has an anonymous entry.”
      (3)
In subsection (4)(b)—
(a)
after “in that register” insert “(or, in the case of a person who has an
35
anonymous entry in the register, in the record of anonymous
entries)”, and
(b)
after “from the register” insert “(or from the record)”.
11
In section 121 (presentation and service of parliamentary election petition),
after subsection (1) insert—
40
“(1A)
The reference in subsection (1)(a) to a person who voted as an elector
at an election or who had the right so to vote does not include a
person who had an anonymous entry in the register of electors.”

Electoral Administration Bill
Schedule 1 — Amendments
Part 1 — Anonymous registration
72

12
In section 128 (presentation of petition questioning local election), after
subsection (1) insert—
“(1A)
The reference in subsection (1) to a person who voted as an elector at
an election or who had the right so to vote does not include a person
who had an anonymous entry in the register of electors.
5
(1B)
Subsection (1A) does not apply to a local government election in
Scotland.”
13    (1)
Section 202(1) (general provisions as to interpretation) is amended as
follows.
      (2)
Before the definition of “citizen of the Union” insert—
10
““anonymous entry”, in relation to a register of electors, shall be
construed in accordance with section 9B above and “the
record of anonymous entries”, means the record prepared in
pursuance of regulations made by virtue of paragraph 8A of
Schedule 2 to this Act;”.
15
      (3)
In the definition of “elector”—
(a)
for “whose name is for the time being” substitute “who has for the
time being an entry”, and
(b)
after “shown in the register” insert “(or, in the case of a person who
has an anonymous entry in the register, in the record of anonymous
20
entries)”.
14    (1)
Schedule 1 (parliamentary elections rules) is amended as follows.
      (2)
In rule 7 (subscription of nomination paper), after paragraph (6) insert—
    “(7)
But, in this rule, “elector” does not include a person who has an
anonymous entry in the register.”
25
      (3)
In rule 28 (issue of official poll cards) after paragraph (3) insert—
   “(3A)
In the case of an elector with an anonymous entry, instead of
containing the matter mentioned in paragraph (3)(b) above the
polling card shall contain such matter as is prescribed.”
      (4)
In rule 40 (tendered ballot papers) after paragraph (4) insert—
30
   “(4A)
This rule applies to an elector who has an anonymous entry
subject to the following modifications—
(a)
in paragraphs (2)(b) and (3) the references to the name of
the voter must be ignored;
(b)
otherwise, a reference to a person named on a register or
35
list must be construed as a reference to a person whose
number appears on the register or list (as the case may
be).”
15    (1)
Schedule 2 (provisions which may be contained in regulations as to
registration etc.) is amended as follows.
40
      (2)
In paragraph 1(3), for “name” substitute “entry”.
      (3)
After paragraph 2A insert—
“2B
Provisions requiring registration officers to remind persons with
anonymous entries in registers of the need to make a fresh

Electoral Administration Bill
Schedule 1 — Amendments
Part 1 — Anonymous registration
73

application and declaration in order for them to remain so
registered.”
      (4)
After paragraph 3A insert—
“3B
Provisions as to the form and content of applications for an
anonymous entry and declarations to be made in connection with
5
such applications.”
      (5)
In paragraph 5, after sub-paragraph (1A) insert—
   “(1B)
Provisions as to the evidence which shall or may be deemed
sufficient or conclusive evidence that a person’s safety would be
at risk as mentioned in section 9B(2) of this Act.”
10
      (6)
After paragraph 8 insert—
“8A
Provisions requiring the registration officer to prepare a record of
those persons with anonymous entries in the register showing, in
relation to each such person, such information as is prescribed.”
      (7)
In paragraph 10, after sub-paragraph (1) insert—
15
   “(1A)
The edited version shall not omit anonymous entries.”
16
In Schedule 2A (control of donations to candidates), the existing text of
paragraph 10 becomes sub-paragraph (1) of the paragraph and after sub-
paragraph (1) insert—
    “(2)
If the statement states that the candidate’s election agent has seen
20
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, the statement must be accompanied
by a copy of the evidence.
      (3)
Sub-paragraph (2) does not apply to local government elections in
25
Scotland.”
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.
      (2)
After subsection (4) insert—
“(4A)
For the purposes of subsections (3)(a) and (4)(c) above, a person who
30
has an anonymous entry in a register of parliamentary electors or
local government electors is not to be regarded as being included in
that register.”
      (3)
In subsection (7), for “names” substitute “entries”.
The Greater London Authority Act 1999 (c. 29)
35
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
an anonymous entry in any such register, in the record of
40
anonymous entries for that electoral area)”, and

Electoral Administration Bill
Schedule 1 — Amendments
Part 1 — Anonymous registration
74

(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
Representation of the People Act 1983.”
5
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.
      (2)
In sub-paragraph (3), after paragraph (a) insert—
10
“(aa)
if he has an anonymous entry in the register of electors for
the election,”.
      (3)
After sub-paragraph (3) insert—
   “(3A)
Sub-paragraph (3)(aa) does not apply to an application to vote by
proxy at a local government election in Scotland.”
15
      (4)
In sub-paragraph (5), after paragraph (a) insert—
“(aa)
in the case of a person who is eligible to vote by proxy by
virtue of having an anonymous entry, if he ceases to have
an anonymous entry,”.
21
In paragraph 4, after sub-paragraph (2) insert—
20
   “(2A)
Where a person who has an anonymous entry in the register of
electors for a parliamentary or local government election applies
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.
25
     (2B)
Sub-paragraph (2A) does not apply to an application to vote by
proxy at a local government election in Scotland.”
22
In paragraph 5, after sub-paragraph (3) insert—
    “(4)
In the case of a person who has an anonymous entry in a register
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.
      (5)
Sub-paragraph (4) does not apply to any list kept in respect of a
local government election in Scotland.”
35
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
only—
(a)
the person’s electoral number, and
40
(b)
the period for which the anonymous entry has effect.

Electoral Administration Bill
Schedule 1 — Amendments
Part 1 — Anonymous registration
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     (8B)
Sub-paragraph (8A) does not apply to a special list kept in respect
of a local government election in Scotland.”
The 2000 Act
24
The 2000 Act is amended as follows.
25
In section 65 (submission of donation reports to Commission), after
5
subsection (2) insert—
“(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
of his death,

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
the date of his death,

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—
40
    “(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.

Electoral Administration Bill
Schedule 1 — Amendments
Part 2 — Alteration of registers: pending elections
76

      (3)
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
(b)
at any time in the period of five years ending at the date of
his death,
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
the evidence.”
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.”
Part 2
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
or (3D)”.
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