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Electoral Administration Bill


Electoral Administration Bill
Part 1 — Co-ordinated on-line record of electors

1

 

A

Bill

AS AMENDED IN THE COMMITTEE AND STANDING COMMITTEE B

To

Make provision in relation to the registration of electors and the keeping of

electoral registration information; standing for election; the administration

and conduct of elections and referendums; and the regulation of political

parties. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Co-ordinated on-line record of electors

1       

CORE schemes: establishment

(1)   

The Secretary of State may by order make provision for the establishment of

one or more schemes (CORE schemes) in connection with the keeping and use

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of specified electoral registration information by a person designated by a

scheme (the CORE keeper).

(2)   

The electoral registration officer (ERO) who acts for an area specified in a

scheme must provide the CORE keeper with the specified electoral registration

information relating to the area.

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(3)   

A scheme may require the ERO—

(a)   

to provide the CORE keeper with the information, and

(b)   

to update the information,

   

at such times and in such manner as is provided for by the scheme.

(4)   

In particular, a scheme may require the ERO to provide the information and

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update it in a specified electronic form.

(5)   

The CORE keeper must keep the information in such form and by such means

as is specified by or under the scheme.

 
Bill 9054/1
 
 

Electoral Administration Bill
Part 1 — Co-ordinated on-line record of electors

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(6)   

In particular, a scheme may—

(a)   

require the CORE keeper to maintain the information in a specified

electronic form;

(b)   

specify how other information required (by or under any enactment) to

be kept in connection with the information is to be recorded and stored

5

in that form.

(7)   

The area for which an ERO acts must not be specified in more than one scheme

at the same time.

(8)   

The Secretary of State may by order vary a scheme—

(a)   

by specifying a new area;

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(b)   

by removing the specification of an area;

(c)   

in such other respects as he thinks appropriate.

(9)   

The Secretary of State may by order terminate a CORE scheme and an order

under this subsection may make such provision as the Secretary of State thinks

necessary or expedient in connection with the termination of the scheme.

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(10)   

The person designated as a CORE keeper must be a public authority.

(11)   

Specified electoral registration information is a copy of such of the following

information as is specified in the CORE scheme—

(a)   

the register of electors for any election;

(b)   

any list or other record relating to such a register which the ERO is

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required or authorised to keep under or by virtue of any enactment;

(c)   

any other information relating to a person who has an entry on such a

register which is required for electoral purposes or in connection with

jury service;

(d)   

such other information as the Secretary of State specifies being

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information which he thinks is necessary or expedient to facilitate the

effective operation of the scheme.

2       

Use of CORE information

(1)   

A CORE scheme may authorise or require a CORE keeper to take such steps as

are specified in the scheme in relation to information kept by him in pursuance

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of the scheme.

(2)   

Regulations under—

(a)   

section 53(4) of the 1983 Act,

(b)   

paragraphs 10A to 11A of Schedule 2 to that Act, and

(c)   

paragraph 13 of that Schedule, so far as relating to paragraphs 10A to

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11A,

   

have effect in relation to a CORE keeper and any information kept by him in

pursuance of a CORE scheme as they have effect in relation to an ERO and any

registers he is required to maintain under that Act.

(3)   

A CORE scheme may—

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(a)   

make provision such as is mentioned in paragraphs (a) to (c) of

subsection (2) in respect of information kept in pursuance of a CORE

scheme;

(b)   

make such modifications of provision made under those paragraphs in

relation to such information as the Secretary of State thinks

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appropriate.

 
 

Electoral Administration Bill
Part 1 — Co-ordinated on-line record of electors

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(4)   

Section 42 applies to a CORE keeper as if—

(a)   

he were a relevant officer (within the meaning of section 44), and

(b)   

the information kept by him which consists in copies of relevant

election documents (within the meaning of that section) were

documents relating to an election which he is required by or under any

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enactment to retain for any period.

(5)   

The CORE keeper must, in accordance with the scheme, inform an ERO if he

thinks that any of the circumstances mentioned in subsection (6) have arisen in

in relation to—

(a)   

a person who is registered in respect of an address on a register which

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the ERO is required to maintain, or

(b)   

an address in relation to which there is an entry on such a register.

(6)   

These are the circumstances—

(a)   

a person who is registered in respect of an address on a register which

the ERO is required to maintain is also registered on a register in

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respect of another address (whether on the same or a different register);

(b)   

more than such number of postal votes as is specified in the scheme is

requested for the same address;

(c)   

the same person acts as proxy for more than two electors;

(d)   

a person votes more than once at the same election.

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(7)   

The CORE keeper—

(a)   

must provide the ERO with other information of such description as is

specified in the scheme relating to a person mentioned in subsection

(5)(a);

(b)   

may provide the ERO with such other information relating to the

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person as he thinks is relevent to the exercise by the ERO of his

functions.

(8)   

If a CORE scheme makes provision which allows an elector to have access to

information relating to him which is kept by the CORE keeper, the scheme

must also make provision to enable the elector to request any changes to the

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information.

(9)   

The CORE keeper must pass any such request to every ERO whose register he

thinks may fall to be altered in consequence of the request.

(10)   

A CORE scheme—

(a)   

must not permit an elector to request a change to information relating

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to any other elector, but

(b)   

may permit an elector who is resident at the same address as another

elector to confirm for the purposes of an annual canvass under section

10 of the 1983 Act that the information relating to the other elector is

correct.

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(11)   

Except for the purposes of subsections (5) to (7) and (9), a CORE scheme must

not authorise an ERO to have access to information provided to the CORE

keeper by a different ERO.

(12)   

In subsections (5) to (7) and (9) an ERO includes an ERO who acts for an area

which is not specified in a CORE scheme.

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Electoral Administration Bill
Part 1 — Co-ordinated on-line record of electors

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3       

CORE scheme grants

(1)   

The Secretary of State may pay grant to a CORE keeper towards expenditure

incurred or to be incurred by him in connection with the exercise of his

functions under the scheme.

(2)   

The amount of such a grant and the manner of its payment are to be such as the

5

Secretary of State decides.

(3)   

Such a grant may be paid subject to such conditions as the Secretary of State

decides.

(4)   

The conditions may include conditions as to the circumstances in which the

whole or any part of the grant is to be repaid.

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4       

Electoral Commission

(1)   

After section 20 of the 2000 Act (transfer of functions of Local Government

Boundary Commission for Wales) insert—

“Commission’s functions relating to CORE

20A     

Commission as CORE keeper

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The Commission may be designated as a CORE keeper for the purposes

of section 1 of the Electoral Administration Act 2006.”

(2)   

If the Secretary of State designates the Electoral Commission as a CORE keeper,

any grant which is paid to the Commission in pursuance of section 3 above

must be treated as income received by the Commission for the purposes of

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paragraph 14(1) of Schedule 1 to the 2000 Act.

5       

CORE schemes: supplemental

(1)   

A CORE scheme may make provision as to circumstances in which a payment

is to be made—

(a)   

by the CORE keeper to an ERO whose area is specified in the scheme;

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(b)   

by such an ERO to the CORE keeper.

(2)   

A CORE scheme may make provision—

(a)   

as to circumstances in which the CORE keeper and such an ERO may

agree that functions of one of them may be exercised by the other;

(b)   

for functions of the CORE keeper to be exercised by such an ERO;

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(c)   

for functions of such an ERO to be exercised by the CORE keeper.

(3)   

A CORE scheme may make provision as to—

(a)   

the circumstances in which the CORE keeper may make a charge for the

provision of services or information to any person;

(b)   

the level of any such charge.

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(4)   

A CORE scheme may make provision as to the steps to be taken by the CORE

keeper in circumstances where a constituency is not wholly situated in the area

for which an ERO whose area is specified in the scheme acts.

(5)   

Provision under subsection (4) may—

 
 

Electoral Administration Bill
Part 1 — Co-ordinated on-line record of electors

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(a)   

apply with such modifications as are specified in the scheme

regulations made in pursuance of paragraph 1(1) of Schedule 2 to the

1983 Act, or

(b)   

make provision as to the arrangements to be made in relation to the

exercise by the CORE keeper of his functions under the scheme in the

5

circumstances mentioned in that subsection.

(6)   

If a CORE keeper obtains any information which an ERO is required or

authorised to obtain for the purposes of any provision of—

(a)   

section 10, 10A or 13A of the 1983 Act (maintenance of registers), or

(b)   

Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent

10

voting),

   

the CORE scheme may provide that any requirement of that provision for a

person to provide a personal identifier in the form of the person’s signature is

to be treated for the purposes of that information as a requirement to provide

such other evidence of identity as is specified in the scheme.

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(7)   

Any provision of a CORE scheme which authorises or requires the CORE

keeper to supply information to another person may specify the form and

manner in which the information is to be supplied.

(8)   

The Secretary of State may provide to a CORE keeper such facilities and

equipment as he thinks are necessary or expedient to enable the keeper to carry

20

out his functions under the scheme.

(9)   

The Secretary of State may make the provision of such facilities and equipment

subject to such conditions (including conditions as to the circumstances in

which the facilities or equipment must be returned to the Secretary of State) as

he thinks fit.

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(10)   

Subject to anything in the CORE scheme in respect of which he is designated,

a CORE keeper may make such arrangements as he thinks appropriate with

any other person for the provision of any service relating to the exercise of his

functions under this Part or the CORE scheme.

6       

CORE schemes: procedure

30

(1)   

The power to make an order under section 1 is exercisable by statutory

instrument.

(2)   

Such an order must not be made unless a draft of the order has been laid before

and approved by a resolution of each House of Parliament.

(3)   

Such an order may make different provision for different purposes.

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(4)   

An order establishing or varying a CORE scheme must not be made unless the

Secretary of State first consults—

(a)   

the Electoral Commission;

(b)   

the Information Commissioner;

(c)   

the ERO who acts for each area proposed to be specified in the scheme;

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(d)   

the ERO who acts for an area the specification of which the Secretary of

State proposes to remove from the scheme.

(5)   

Subsection (4) does not apply if the effect of a variation is only to terminate any

aspect of the scheme (other than the removal of the specification of an area in

pursuance of section 1(8)(b)).

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Revised 23 November 2005