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Electoral Administration Bill


Electoral Administration Bill
Part 3 — Anti-fraud measures

13

 

(4)   

A registration officer may dispense with a requirement to provide a

personal identifier mentioned in subsection (2)(a) or (3)(a) above in

relation to any person if he is satisfied that it is not reasonably

practicable for that person to sign in a consistent and distinctive way

because of any incapacity of his or because he is unable to read.

5

(5)   

In such circumstances as are prescribed, a registration officer may also

dispense with a requirement to provide a personal identifier mentioned

in subsection (2)(c) above in relation to any person.

(6)   

A person who has provided a signature as a personal identifier may, if

for any reason his signature changes, request the registration officer to

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substitute the new signature for the signature previously provided.

(7)   

A signature provided by virtue of subsection (6) above must be treated

as provided pursuant to the requirements of section 10(4A), 10A(1A) or

13A(2A) (as the case may be).

(8)   

Each registration officer must keep a list of such of the information

15

obtained pursuant to the requirements of sections 10(4A), 10A(1A) and

13A(2A) as is prescribed which relates to a person who has an entry on

a register he is required to maintain.

(9)   

A registration officer may disclose the information obtained as

mentioned in subsection (8) to—

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(a)   

any other registration officer if he thinks that to do so will assist

the other registration officer in the performance of his duties;

(b)   

a returning officer in connection with the exercise of the

returning officer’s functions;

(c)   

any person exercising functions in relation to the preparation or

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conduct of legal proceedings under the Representation of the

People Acts;

(d)   

such other persons for such other purposes as may be

prescribed.

(10)   

For the purposes of the parliamentary elections rules the list kept under

30

subsection (8) is a special list prepared for an election.

(11)   

In subsection (3)(d) an appropriate statement of residence is a

statement of whether or not the person has been resident in Northern

Ireland—

(a)   

in the case of an application under section 10A or 13A(1)(a)

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above, for the whole of the three month period ending on the

date of the application;

(b)   

in any other case, for the whole of the three month period

ending on 15 October in the year in question.”

(2)   

In section 10A of that Act (maintenance of the register: registration of electors),

40

after subsection (4) insert—

“(4A)   

For the purposes of determining an application for registration a

registration officer may—

(a)   

take account of any information obtained pursuant to the

requirements of sections 10(4A), 10A(1A) and 13A(2A) in

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relation to the person to whom the application relates;

(b)   

compare such information with any other information he has

relating to that person.

 
 

Electoral Administration Bill
Part 3 — Anti-fraud measures

14

 

(4B)   

A registration officer in England and Wales or Scotland may determine

that a person is not entitled to be registered if any of the personal

identifiers is not provided in connection with the application relating to

that person.”

(3)   

In Schedule 1 to that Act—

5

(a)   

in rule 40 (tendered ballot papers), in paragraph (3) at the end insert

“and the voter must sign the list opposite the entry relating to him”;

(b)   

in rule 43 (procedure on close of poll), in paragraph (1) after sub-

paragraph (d) insert—

“(da)   

the list prepared in pursuance of section 13E(8)

10

above;”;

(c)   

in rule 55 (delivery of documents after poll), in paragraph (1) after sub-

paragraph (d) insert—

“(da)   

the packets of lists prepared in pursuance of section

13E(8) above;”.

15

15      

Personal identifiers: piloting

(1)   

This section applies if—

(a)   

a local authority makes a piloting proposal, and

(b)   

no order under section 71(2) has been made for the purposes of the

personal identifier provisions in relation to the part of the area of the

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local authority specified in the proposal.

(2)   

The Secretary of State may, by order (a pilot order), make provision for such of

the personal identifiers and personal identifier provisions as are specified in

the order to have effect—

(a)   

for such period as is so specified, and

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(b)   

in relation to so much of the area of the local authority as is so specified.

(3)   

The Secretary of State must not make a pilot order unless he first consults the

Electoral Commission.

(4)   

A pilot order must not specify a personal identifier or a personal identifier

provision unless it is specified in the piloting proposal.

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(5)   

A pilot order may make such modifications of—

(a)   

the personal identifier provisions;

(b)   

provision made by or under any enactment relating to elections or

referendums,

   

as the Secretary of State thinks are necessary or expedient for the purposes of

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the order.

(6)   

A pilot order must not make any provision relating to local government

elections in Scotland (within the meaning of the 1983 Act).

(7)   

The Secretary of State may revoke a pilot order before the end of the period

specified in the order.

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(8)   

A pilot order may make different provision for different purposes.

(9)   

The Secretary of State may reimburse an electoral registration officer or a

returning officer for any expenditure necessarily incurred by the officer in

consequence of the making of a pilot order.

 
 

Electoral Administration Bill
Part 3 — Anti-fraud measures

15

 

(10)   

A local authority is—

(a)   

in England, a county council, a district council, a London borough

council or the Greater London Authority,

(b)   

in Wales, a county council or a county borough council, or

(c)   

in Scotland, a council constituted under section 2 of the Local

5

Government etc. (Scotland) Act 1994 (c. 39).

(11)   

A piloting proposal is a proposal made by a local authority for the application

to such part of its area as is specified in the proposal of such of the personal

identifiers and personal identifier provisions as are so specified.

(12)   

A reference to a personal identifier must be construed in accordance with

10

section 13E of the 1983 Act (as inserted by section 14 above).

(13)   

The personal identifier provisions are—

(a)   

the amendments made to the 1983 Act by section 13 (except subsection

(5)) and section 14;

(b)   

question (c) of entry 1 in the table in paragraph (1) of rule 35 of the

15

parliamentary elections rules in Schedule 1 to the 1983 Act (as

substituted by paragraph 70 of Schedule 1 to this Act).

(14)   

An order under subsection (7) revoking a pilot order may make such

consequential, transitional or savings provision (including provision

modifying any enactment or subordinate legislation (within the meaning of the

20

Interpretation Act 1978 (c. 30))) as the Secretary of State thinks appropriate.

(15)   

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

instrument which must be laid before each House of Parliament after it has

been made.

16      

Evaluation of personal identifier pilots

25

(1)   

The Secretary of State may direct the Electoral Commission to report to him as

to the operation of a pilot order under section 15.

(2)   

A report under this section must include an assessment of the extent to which

the use of a personal identifier (within the meaning of section 13E of the 1983

Act) has achieved any objective specified in the order in relation to the

30

identifier.

(3)   

In making an assessment under subsection (2), the Commission must—

(a)   

apply such criteria as are specified in the order;

(b)   

use any data specified, or of a description specified, in the order;

(c)   

apply any methodology specified, or of a description specified, in the

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order.

(4)   

A direction under subsection (1) may require a report to be made before the

expiry of the period specified in the pilot order.

(5)   

If the Secretary of State gives a direction under subsection (1) he must also

notify the local authority in response to whose proposal the pilot order has or

40

had effect.

(6)   

For the purposes of preparing their report the Commission must consult the

local authority in response to whose proposal the pilot order has or had effect.

 
 

Electoral Administration Bill
Part 3 — Anti-fraud measures

16

 

(7)   

The local authority must give the Commission such assistance as they may

reasonably require in connection with the preparation of the report.

(8)   

The assistance may include—

(a)   

making arrangements for ascertaining the views of electors about the

use of the personal identifier;

5

(b)   

reporting to the Commission allegations of personation and of other

electoral offences or malpractice;

(c)   

providing financial and other data relating to the management of pilot

schemes.

17      

Revision of personal identifier provisions in consequence of pilot

10

(1)   

This section applies if the Secretary of State thinks, in the light of a report made

under section 16 on the operation of a pilot order under section 15, that it

would be desirable for provision similar to that made by the pilot order to

apply generally, and on a permanent basis, in relation to—

(a)   

all elections (other than local government elections in Scotland), or

15

(b)   

any description of election (other than a local government election in

Scotland).

(2)   

An order made by the Secretary of State under section 71(2) for the purposes of

the personal identifier provisions may include such provision as he thinks

appropriate for modifying or disapplying—

20

(a)   

any of the personal identifier provisions;

(b)   

provision made by or under any enactment relating to elections (other

than local government elections in Scotland) or referendums.

(3)   

The Secretary of State must not make an order which includes provision

mentioned in subsection (2) unless he first consults the Electoral Commission.

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(4)   

An order which includes provision mentioned in subsection (2) may exempt

from the operation of the provisions mentioned in paragraph (b) of section

15(13) any local government area specified in the order but, subject to that,

must make the same provision—

(a)   

in relation to local government elections, or

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(b)   

if it applies only to a particular description of such elections, in relation

to elections of that description,

   

throughout England and Wales.

(5)   

An order which exempts any local government area as mentioned in

subsection (4) shall, if apart from this subsection it would be treated for the

35

purposes the standing orders of either House of Parliament as a hybrid

instrument, proceed in that House as if it were not such an instrument.

(6)   

When the Secretary of State lays before either House of Parliament, under

section 71(5), a draft of an order which includes provision mentioned in

subsection (2) he must also lay before that House a copy of each report under

40

section 16 in the light of which the order includes such provision.

(7)   

Rules made under any enactment relating to elections or referendums may

make such provision as the person making the rules thinks appropriate in

connection with any provision made by an order which includes provision

mentioned in subsection (2).

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Electoral Administration Bill
Part 3 — Anti-fraud measures

17

 

(8)   

Nothing in this section must be taken to prejudice the generality of any power

contained in any other Act to make subordinate legislation (within the

meaning of the Interpretation Act 1978 (c. 30)) with respect to—

(a)   

elections of any description;

(b)   

referendums.

5

(9)   

References to personal identifier provisions must be construed in accordance

with section 15(13).

(10)   

A local government election in Scotland is such an election within the meaning

of the 1983 Act.

18      

Offences as to false registration information

10

(1)   

Section 13D of the 1983 Act (provision of false information) is amended in

accordance with subsections (2) to (8).

(2)   

For subsection (1) substitute—

“(1)   

A person who for any purpose connected with the registration of

electors provides to a registration officer any false information is guilty

15

of an offence.”

(3)   

After subsection (1) (as substituted by subsection (2) above) insert—

“(1A)   

A person who provides false information in connection with an

application (other than an application relating only to a local

government election in Scotland) to which any of the following

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provisions of Schedule 4 to the Representation of the People Act 2000

applies (applications relating to absent voting) is guilty of an offence—

(a)   

paragraph 3(1) or (2);

(b)   

paragraph 4(1) or (2);

(c)   

paragraph 7(4).”

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(4)   

In subsection (2)—

(a)   

for “the Chief Electoral Officer for Northern Ireland” substitute “a

registration officer”;

(b)   

for “the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B)

above” substitute “a dispensation referred to in section 13E(4) or (5)

30

below”.

(5)   

In subsection (3) after “subsection (1)” insert “or (1A)”.

(6)   

In subsection (4) after “subsection (1)” insert “or (1A)”.

(7)   

In subsection (6)(a) for “six months” substitute “51 weeks”.

(8)   

After subsection (6) insert—

35

“(7)   

In the application of subsection (6)(a) to Scotland and Northern Ireland,

the reference to 51 weeks must be taken to be a reference to six months.

(8)   

In relation to an offence committed before the commencement of

section 281(5) of the Criminal Justice Act 2003, the reference in

subsection (6)(a) to 51 weeks must be taken to be a reference to six

40

months.”

 
 

Electoral Administration Bill
Part 4 — Review of polling places

18

 

(9)   

With effect from the commencement of this section, section 13D of the 1983 Act

extends to the whole of the United Kingdom.

(10)   

In section 8 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13) (short

title, interpretation, commencement and extent), in subsection (5) after “Act”

insert “(except section 7)”.

5

Part 4

Review of polling places

19      

Review of polling places

(1)   

For section 18 of the 1983 Act (polling districts and places at parliamentary

elections) substitute—

10

“18A    

Polling districts at parliamentary elections

(1)   

Every constituency is to be divided into polling districts.

(2)   

A relevant authority must—

(a)   

divide its area into polling districts for the purpose of

parliamentary elections for so much of any constituency as is

15

situated in its area, and

(b)   

keep the polling districts under review.

(3)   

The following rules apply—

(a)   

the authority must seek to ensure that all electors in a

constituency in its area have such reasonable facilities for voting

20

as are practicable in the circumstances;

(b)   

in England, each parish is to be a separate polling district;

(c)   

in Wales, each community is to be a separate polling district;

(d)   

in Scotland, each electoral ward (within the meaning of section

5 of the Local Government etc (Scotland) Act 1994) is to be a

25

separate polling district.

(4)   

Subsection (3)(b) to (d) does not apply if, in any case, there are special

circumstances.

(5)   

If an alteration of polling districts in an area is made under this

section—

30

(a)   

the registration officer who acts for the area must make such

adaptations of his register of parliamentary electors as are

necessary to take account of the alteration, and

(b)   

the alteration is effective on the date on which the registration

officer publishes a notice stating that the adaptations have been

35

made by him.

18B     

Polling places at parliamentary elections

(1)   

A polling place is to be designated for each polling district in a

constituency.

(2)   

But subsection (1) does not apply if the size or other circumstances of a

40

polling district are such that the situation of the polling stations does

not materially affect the convenience of the electors or any body of

them.

 
 

Electoral Administration Bill
Part 4 — Review of polling places

19

 

(3)   

A relevant authority must—

(a)   

designate the polling places for the polling districts in its area,

and

(b)   

keep the polling places in its area under review.

(4)   

The following rules apply—

5

(a)   

the authority must seek to ensure that all electors in a

constituency in its area have such reasonable facilities for voting

as are practicable in the circumstances;

(b)   

the authority must seek to ensure that so far as is reasonable and

practicable every polling place for which it is responsible is

10

accessible to electors who are disabled;

(c)   

the authority must have regard to the accessibility to disabled

persons of potential polling stations in any place which it is

considering designating as a polling place or the designation of

which as a polling place it is reviewing;

15

(d)   

the polling place for a polling district must be an area in the

district, unless special circumstances make it desirable to

designate an area wholly or partly outside the district;

(e)   

the polling place for a polling district must be small enough to

indicate to electors in different parts of the district how they will

20

be able to reach the polling station.

(5)   

If no polling place is designated for a polling district the polling district

is to be taken to be the polling place.

18C     

Review of polling districts and places

(1)   

Each relevant authority must complete a review under sections 18A

25

and 18B of all of the polling districts and polling places in its area before

the end of the period of 12 months starting with the date on which

section 19 of the Electoral Administration Act 2006 comes into force.

(2)   

Subsection (1) does not apply in the case of a polling district or polling

place (as the case may be) which is designated for the first time during

30

that period.

(3)   

In such a case, the first review of the polling district or polling place

must be completed before the end of the period of four years starting

with the date on which that designation is made.

(4)   

The authority must complete a further review of each polling district

35

and polling place in its area before the end of the period of four years

starting with the completion of the previous such review.

(5)   

Subsections (1) to (4) do not prevent a relevant authority carrying out

at any time a review of a particular polling district or polling place.

(6)   

Schedule A1 has effect in relation to a review.

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18D     

Review of polling districts and places: representations to Electoral

Commission

(1)   

This section applies if in relation to a constituency in the area of a

relevant authority a relevant representation is made to the Electoral

Commission by—

45

(a)   

an interested authority in England and Wales;

 
 

 
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