|
| |
|
section 13B(3B) or (3D) of this Act in respect of alterations to the |
| |
| |
35 | In rule 38 (votes marked by presiding officer), after paragraph (2) insert— |
| |
“(3) | In the case of a person in respect of whom a notice has been issued |
| |
under section 13B(3B) or (3D) of this Act, paragraph (2) above |
| 5 |
applies as if for “on the register of electors of every voter” there |
| |
were substituted “relating to every voter in respect of whom a |
| |
notice has been issued under section 13B(3B) or (3D)”. |
| |
36 | In rule 39 (voting by person with disabilities), after paragraph (4) insert— |
| |
“(4A) | In the case of a person in respect of whom a notice has been issued |
| 10 |
under section 13B(3B) or (3D) of this Act, paragraph (4) above |
| |
applies as if for “in the register of electors of every voter” there |
| |
were substituted “relating to every voter in respect of whom a |
| |
notice has been issued under section 13B(3B) or (3D)”. |
| |
37 | In rule 40 (tendered ballot papers), after paragraph (4A) (inserted by |
| 15 |
paragraph 14(4) above) insert— |
| |
“(4B) | This rule applies in the case of a person in respect of whom a notice |
| |
has been issued under section 13B(3B) or (3D) as if— |
| |
(a) | in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on |
| |
the register” there were substituted “in respect of whom a |
| 20 |
notice under section 13B(3B) or (3D) of this Act has been |
| |
| |
(b) | in paragraph (2)(b) for “his number in the register of |
| |
electors” there were substituted “the number relating to |
| |
him on a notice issued under section 13B(3B) or (3D) of this |
| 25 |
| |
(c) | in paragraph (3) for “his number on the register of electors” |
| |
there were substituted “the number relating to him on a |
| |
notice issued under section 13B(3B) or (3D) of this Act”. |
| |
38 | After rule 41 (spoilt ballot papers) insert— |
| 30 |
“Correction of errors on day of poll |
| |
41A | The presiding officer shall keep a list of persons to whom ballot |
| |
papers are delivered in consequence of an alteration to the register |
| |
made by virtue of section 13B(3B) or (3D) of this Act which takes |
| |
effect on the day of the poll.” |
| 35 |
39 | In rule 43 (procedure on close of poll)— |
| |
(a) | in paragraph (1)(d), after “electors” insert “(including any marked |
| |
copy notices issued under section 13B(3B) or (3D) of this Act)”; |
| |
(b) | in paragraph (1)(f) after ““unable to read”,” insert “the list |
| |
maintained under rule 41A,”. |
| 40 |
40 | In rule 55 (delivery of documents to Clerk of the Crown),— |
| |
(a) | in paragraph (1)(c) after “and the related statements,” insert “the lists |
| |
maintained under rule 41A,”; |
| |
(b) | in paragraph (1)(e) after “registers” insert “(including any marked |
| |
copy notices issued under section 13B(3B) or (3D) of this Act)”. |
| 45 |
|
| |
|
| |
|
| |
| |
| |
41 (1) | Section 10 of the European Parliamentary Elections Act 2002 (c. 24) |
| |
(disqualifications) is amended as follows. |
| 5 |
(2) | In subsection (3) for “Commonwealth” substitute “qualifying |
| |
| |
(3) | After subsection (3) insert— |
| |
“(3A) | A Commonwealth citizen who is resident in Gibraltar and who— |
| |
(a) | does not, under the law of Gibraltar, require a permit or |
| 10 |
certificate to enter or remain there, or |
| |
(b) | for the time being has (or is by virtue of any provision of the |
| |
law of Gibraltar to be treated as having) a certificate of |
| |
permanent residence issued under the Immigration Control |
| |
| 15 |
| is not disqualified for the office of MEP under subsection (1)(a) |
| |
merely because he is disqualified for membership of the House of |
| |
Commons under section 3 of the Act of Settlement (12&13 Will 3 c. 2) |
| |
(disqualification of persons, other than qualifying Commonwealth |
| |
citizens and Republic of Ireland citizens, who are born outside Great |
| 20 |
Britain and Ireland and the dominions). |
| |
(3B) | But subsection (3A)(a) does not cause a person to be qualified for the |
| |
office of MEP if he does not require a permit or certificate to enter |
| |
Gibraltar by virtue only of section 14(1) of the Immigration Control |
| |
Ordinance (certain exemptions from requirement of permit or |
| 25 |
| |
(4) | In subsection (4A) for “provide” substitute “make such other provision as he |
| |
| |
(5) | After subsection (7) insert— |
| |
“(7A) | In this section “the Immigration Control Ordinance” means the |
| 30 |
Gibraltar Ordinance of that name (Ord. 1962 No. 12). |
| |
(7B) | The Secretary of State may by regulations amend this section if he |
| |
considers it necessary or expedient to do so in consequence of |
| |
developments in the law of Gibraltar relating to immigration control. |
| |
(7C) | Such regulations may— |
| 35 |
(a) | make transitional or saving provision; |
| |
(b) | make provision extending or applying to (or extending or |
| |
applying only to) Gibraltar or any part of the United |
| |
| |
| 40 |
42 (1) | Section 20 of the Greater London Authority Act 1999 (c. 29) (qualification to |
| |
be Mayor or Assembly member) is amended as follows. |
| |
(2) | In subsection (2)(a) before “Commonwealth” insert “qualifying”. |
| |
|
| |
|
| |
|
(3) | After subsection (7) insert— |
| |
“(7A) | For the purposes of this section, a person is a qualifying |
| |
Commonwealth citizen if he is a Commonwealth citizen who |
| |
| |
(a) | is not a person who requires leave under the Immigration Act |
| 5 |
1971 to enter or remain in the United Kingdom, or |
| |
(b) | is such a person but for the time being has (or is, by virtue of |
| |
any enactment, to be treated as having) indefinite leave to |
| |
remain within the meaning of that Act. |
| |
(7B) | But a person is not a qualifying Commonwealth citizen by virtue of |
| 10 |
subsection (7A)(a) if he does not require leave to enter or remain in |
| |
the United Kingdom by virtue only of section 8 of the Immigration |
| |
Act 1971 (exceptions to requirement for leave in special cases).” |
| |
(4) | In subsection (8), in paragraph (a) of the definition of “relevant citizen of the |
| |
Union” before “Commonwealth” insert “qualifying”. |
| 15 |
Local authorities in England and Wales |
| |
43 (1) | Section 79 of the Local Government Act 1972 (c. 70) (qualifications for |
| |
election and holding office as a member of a local authority) is amended as |
| |
| |
(2) | In subsection (1) for “British subject” substitute “qualifying Commonwealth |
| 20 |
| |
(3) | In subsection (2A) before “Commonwealth” insert “qualifying”. |
| |
(4) | After subsection (2A) insert— |
| |
“(2B) | For the purposes of this section, a person is a qualifying |
| |
Commonwealth citizen if he is a Commonwealth citizen who |
| 25 |
| |
(a) | is not a person who requires leave under the Immigration Act |
| |
1971 to enter or remain in the United Kingdom, or |
| |
(b) | is such a person but for the time being has (or is, by virtue of |
| |
any enactment, to be treated as having) indefinite leave to |
| 30 |
remain within the meaning of that Act. |
| |
(2C) | But a person is not a qualifying Commonwealth citizen by virtue of |
| |
subsection (2B)(a) if he does not require leave to enter or remain in |
| |
the United Kingdom by virtue only of section 8 of the Immigration |
| |
Act 1971 (exceptions to requirement for leave in special cases).” |
| 35 |
National Assembly for Wales |
| |
44 | In section 13(2) of the Government of Wales Act 1998 (c. 38) (exceptions and |
| |
relief from disqualification) before “Commonwealth” insert “certain”. |
| |
| |
45 | In section 16(2) of the Scotland Act 1998 (c. 46) (exceptions and relief from |
| 40 |
disqualification) before “Commonwealth” insert “certain”. |
| |
|
| |
|
| |
|
Local authorities in Scotland |
| |
46 (1) | Section 29 of the Local Government (Scotland) Act 1973 (c. 65) (qualifications |
| |
for nomination, election and holding office as a member of a local authority |
| |
in Scotland) is amended as follows. |
| |
(2) | In subsection (1) for “British subject” substitute “qualifying Commonwealth |
| 5 |
| |
(3) | In subsection (2) before “Commonwealth” insert “qualifying”. |
| |
(4) | After subsection (2) insert— |
| |
“(3) | For the purposes of this section, a person is a qualifying |
| |
Commonwealth citizen if he is a Commonwealth citizen who |
| 10 |
| |
(a) | is not a person who requires leave under the Immigration Act |
| |
1971 to enter or remain in the United Kingdom, or |
| |
(b) | is such a person but for the time being has (or is, by virtue of |
| |
any enactment, to be treated as having) indefinite leave to |
| 15 |
remain within the meaning of that Act. |
| |
(4) | But a person is not a qualifying Commonwealth citizen by virtue of |
| |
subsection (3)(a) if he does not require leave to enter or remain in the |
| |
United Kingdom by virtue only of section 8 of the Immigration Act |
| |
1971 (exceptions to requirement for leave in special cases).” |
| 20 |
Councillors in Northern Ireland |
| |
47 (1) | Section 3 of the Local Government Act (Northern Ireland) 1972 (C.9) |
| |
(qualifications for nomination, election and holding office as a councillor in |
| |
Northern Ireland) is amended as follows. |
| |
(2) | In subsection (1) for “British subject” substitute “qualifying Commonwealth |
| 25 |
| |
(3) | In subsection (2) before Commonwealth insert “qualifying”. |
| |
(4) | After subsection (3) insert— |
| |
“(4) | For the purposes of this section, a person is a qualifying |
| |
Commonwealth citizen if he is a Commonwealth citizen who |
| 30 |
| |
(a) | is not a person who requires leave under the Immigration Act |
| |
1971 to enter or remain in the United Kingdom, or |
| |
(b) | is such a person but for the time being has (or is, by virtue of |
| |
any enactment, to be treated as having) indefinite leave to |
| 35 |
remain within the meaning of that Act. |
| |
(5) | But a person is not a qualifying Commonwealth citizen by virtue of |
| |
subsection (4)(a) if he does not require leave to enter or remain in the |
| |
United Kingdom by virtue only of section 8 of the Immigration Act |
| |
1971 (exceptions to requirement for leave in special cases).” |
| 40 |
|
| |
|
| |
|
| |
Omission of references to Maundy Thursday |
| |
The Electoral Law Act (Northern Ireland) 1962 (C. 14) |
| |
48 | In Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local |
| |
elections rules), in rule 2 (computation of time) omit the words “Maundy |
| 5 |
| |
| |
49 | The 1983 Act is amended in accordance with paragraphs 50 to 52. |
| |
50 | In section 40(1) (timing as to local elections in England and Wales), omit the |
| |
words “Maundy Thursday,”. |
| 10 |
51 (1) | In section 119(2) (computation of time for purposes of Part 2), omit the |
| |
words “Maundy Thursday,”. |
| |
(2) | The amendment made by sub-paragraph (1) does not have effect so far as it |
| |
relates to a local government election in Scotland. |
| |
52 | In rule 2(1) of Schedule 1 (computation of time for purposes of |
| 15 |
parliamentary elections rules), in paragraph (b), omit the words “Maundy |
| |
| |
The Representation of the People Act 1985 (c. 50) |
| |
53 | In section 19(6) of the Representation of the People Act 1985 (amendments |
| |
and modifications of the Local Government Act 1972), in paragraph (b) |
| 20 |
(which modifies the rules about computation of time in section 243(4) of the |
| |
1972 Act), omit the words “Maundy Thursday,”. |
| |
| |
54 | In section 77(9) of the 2000 Act (computation of time for purposes of making |
| |
claims in respect of campaign expenditure), in paragraph (a), omit the words |
| 25 |
| |
| |
| |
The Electoral Law Act (Northern Ireland) 1962 |
| |
55 | The Electoral Law Act (Northern Ireland) 1962 (C. 14) is amended in |
| 30 |
accordance with paragraphs 56 to 64. |
| |
Attendance at election proceedings |
| |
56 | In Schedule 5 (local elections rules), in rule 9 (right to attend nomination)— |
| |
(a) | in paragraph (1), after paragraph (b) insert “or |
| |
(c) | a person who has permission to attend granted |
| 35 |
under section 6A or 6B of the Political Parties, |
| |
Elections and Referendums Act 2000,”; |
| |
|
| |
|
| |
|
(b) | after paragraph (3) insert— |
| |
“(4) | Paragraph (3) does not apply to a person mentioned in |
| |
| |
57 | In rule 29 of that Schedule (admission to polling station) for paragraph (1) |
| |
| 5 |
“(1) | The presiding officer shall exclude all persons from the polling |
| |
| |
| |
(b) | persons under the age of 18 who accompany voters to the |
| |
| 10 |
(c) | the candidates and their election agents; |
| |
(d) | the polling agents appointed to attend at the polling |
| |
| |
(e) | the clerks appointed to attend at the polling station; |
| |
(f) | persons who have permission to attend granted under any |
| 15 |
of sections 6A to 6D of the Political Parties, Elections and |
| |
| |
(g) | the constables on duty; and |
| |
(h) | the companions of voters with disabilities. |
| |
(1A) | The presiding officer shall regulate the total number of voters and |
| 20 |
persons under the age of 18 who accompany them to be admitted |
| |
to the polling station at the same time.” |
| |
58 | In rule 44 of that Schedule (attendance at counting of votes) in paragraph (1), |
| |
after sub-paragraph (e) insert— |
| |
“(f) | a person who has permission to attend granted under any |
| 25 |
of sections 6A to 6D of the Political Parties, Elections and |
| |
| |
Identifying marks and security markings on ballot papers etc. |
| |
59 (1) | Rule 16 of that Schedule (ballot papers) is amended as follows. |
| |
(2) | In paragraph (2)(c) after “number” insert “and other unique identifying |
| 30 |
| |
(3) | In paragraph (2)(d) after “number” insert “and other unique identifying |
| |
| |
60 (1) | Rule 17 of that Schedule (the official mark) is amended as follows. |
| |
(2) | For paragraph (1) substitute— |
| 35 |
“(1) | Every ballot paper must contain an appropriate security marking |
| |
| |
(3) | For paragraph (3) substitute— |
| |
“(3) | The returning officer may use a different official mark for different |
| |
purposes at the same election.” |
| 40 |
61 (1) | The Appendix of forms of that Schedule is amended as follows. |
| |
|
| |
|
| |
|
(2) | In the Form of Front of Ballot Paper omit “Counterfoil No. The counterfoil is |
| |
to have a number to correspond with that on the back of the ballot paper”. |
| |
(3) | In the Directions as to printing the ballot paper omit paragraph 3(e). |
| |
(4) | In the Declaration of identity Front of form omit “Ballot Paper No.....”. |
| |
(5) | In the Directions for the guidance of voters in voting— |
| 5 |
| |
(b) | in paragraph 6 omit “holding the paper so that the presiding officer |
| |
can see the official mark on the back of it”. |
| |
62 (1) | Paragraph 27 of Schedule 9 (electoral misdemeanours) is amended as |
| |
| 10 |
(2) | In sub-paragraph (2)(a) after “number” insert “or other unique identifying |
| |
| |
(3) | In sub-paragraph (3)(c) after “number” insert “or other unique identifying |
| |
| |
(4) | In sub-paragraph (4)(b) and (c) after “number” insert “or other unique |
| 15 |
| |
Tendered votes in certain circumstances |
| |
63 (1) | In rule 37 of Schedule 5 (tendered ballot papers) after paragraph (1) insert— |
| |
“(1A) | Paragraph (1C) applies if — |
| |
(a) | a person applies for a ballot paper representing himself to |
| 20 |
be a particular elector named on the register, |
| |
(b) | he is also named in the absent voters list in pursuance of |
| |
paragraph 2(4)(a) of Schedule 2 to the Local Elections |
| |
(Northern Ireland) Order 1985 as a person entitled to vote |
| |
| 25 |
(c) | he claims that he did not make an application to vote by |
| |
| |
(1B) | Paragraph (1C) also applies if— |
| |
(a) | a person applies for a ballot paper representing himself to |
| |
be a particular person named as a proxy in the list of |
| 30 |
| |
(b) | he is also named in the absent voters list in pursuance of |
| |
paragraph 2(4)(b) of Schedule 2 to that Order as a person |
| |
entitled to vote by post as proxy, and |
| |
(c) | he claims that he did not make an application to vote by |
| 35 |
| |
(1C) | The person shall, on satisfactorily answering the questions |
| |
permitted by law to be asked at the poll, be entitled, subject to the |
| |
following provisions of this rule, to mark a ballot paper (in these |
| |
rules referred to as a “tendered ballot paper”) in the same manner |
| 40 |
| |
(2) | After paragraph (1C) of that rule (inserted by sub-paragraph (1) above) |
| |
|
| |
|