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Electoral Administration Bill


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

77

 

section 13B(3B) or (3D) of this Act in respect of alterations to the

register.”

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

issued”;

(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

Act”;

(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

 

 

Electoral Administration Bill
Schedule 1 — Amendments
Part 3 — Standing for election

78

 

Part 3

Standing for election

European Parliament

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

Commonwealth citizens”.

      (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

Ordinance,

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

certificate).”

      (4)  

In subsection (4A) for “provide” substitute “make such other provision as he

thinks appropriate”.

      (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

Kingdom.”

Greater London Authority

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”.

 

 

Electoral Administration Bill
Schedule 1 — Amendments
Part 3 — Standing for election

79

 

      (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

either—

(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

follows.

      (2)  

In subsection (1) for “British subject” substitute “qualifying Commonwealth

20

citizen”.

      (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

either—

(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”.

Scottish Parliament

45         

In section 16(2) of the Scotland Act 1998 (c. 46) (exceptions and relief from

40

disqualification) before “Commonwealth” insert “certain”.

 

 

Electoral Administration Bill
Schedule 1 — Amendments
Part 3 — Standing for election

80

 

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

citizen”.

      (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

either—

(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

citizen”.

      (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

either—

(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

 

 

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections

81

 

Part 4

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

Thursday”.

The 1983 Act

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

Thursday,”.

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,”.

The 2000 Act

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

“Maundy Thursday,”.

Part 5

Conduct of elections

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,”;

 

 

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections

82

 

(b)   

after paragraph (3) insert—

    “(4)  

Paragraph (3) does not apply to a person mentioned in

paragraph (1)(c).”

57         

In rule 29 of that Schedule (admission to polling station) for paragraph (1)

substitute—

5

    “(1)  

The presiding officer shall exclude all persons from the polling

station except—

(a)   

voters;

(b)   

persons under the age of 18 who accompany voters to the

polling station;

10

(c)   

the candidates and their election agents;

(d)   

the polling agents appointed to attend at the polling

station;

(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

Referendums Act 2000;

(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

Referendums Act 2000.”

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

mark”.

      (3)  

In paragraph (2)(d) after “number” insert “and other unique identifying

mark”.

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

(the official mark).”

      (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.

 

 

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections

83

 

      (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

(a)   

omit paragraph 1;

(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

follows.

10

      (2)  

In sub-paragraph (2)(a) after “number” insert “or other unique identifying

mark”.

      (3)  

In sub-paragraph (3)(c) after “number” insert “or other unique identifying

mark”.

      (4)  

In sub-paragraph (4)(b) and (c) after “number” insert “or other unique

15

identifying mark”.

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

by post, and

25

(c)   

he claims that he did not make an application to vote by

post at the election.

     (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

proxies,

(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

post as proxy.

     (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

as any other voter.”

      (2)  

After paragraph (1C) of that rule (inserted by sub-paragraph (1) above)

 

 

 
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