|
| |
|
(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 |
| 10 |
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— |
| 20 |
(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 |
| 25 |
conduct of legal proceedings under the Representation of the |
| |
| |
(d) | such other persons for such other purposes as may be |
| |
| |
(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 |
| |
| |
(a) | in the case of an application under section 10A or 13A(1)(a) |
| 35 |
above, for the whole of the three month period ending on the |
| |
| |
(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 |
| 45 |
relation to the person to whom the application relates; |
| |
(b) | compare such information with any other information he has |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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- |
| |
| |
“(da) | the list prepared in pursuance of section 13E(8) |
| 10 |
| |
(c) | in rule 55 (delivery of documents after poll), in paragraph (1) after sub- |
| |
| |
“(da) | the packets of lists prepared in pursuance of section |
| |
| 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 |
| 20 |
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 |
| 25 |
(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 |
| |
| |
(4) | A pilot order must not specify a personal identifier or a personal identifier |
| |
provision unless it is specified in the piloting proposal. |
| 30 |
(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 |
| |
| |
| as the Secretary of State thinks are necessary or expedient for the purposes of |
| 35 |
| |
(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 |
| |
| 40 |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
(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 |
| 35 |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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. |
| 25 |
(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 |
| 30 |
(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). |
| 45 |
|
| |
|
| |
|
(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; |
| |
| 5 |
(9) | References to personal identifier provisions must be construed in accordance |
| |
| |
(10) | A local government election in Scotland is such an election within the meaning |
| |
| |
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 |
| |
(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 |
| 20 |
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); |
| |
| 25 |
| |
(a) | for “the Chief Electoral Officer for Northern Ireland” substitute “a |
| |
| |
(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 |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
19 | Review of polling places |
| |
(1) | For section 18 of the 1983 Act (polling districts and places at parliamentary |
| |
| 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 |
| |
| |
(5) | If an alteration of polling districts in an area is made under this |
| |
| 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 |
| |
18B | Polling places at parliamentary elections |
| |
(1) | A polling place is to be designated for each polling district in a |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(3) | A relevant authority must— |
| |
(a) | designate the polling places for the polling districts in its area, |
| |
| |
(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 |
| |
(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. |
| 40 |
18D | Review of polling districts and places: representations to Electoral |
| |
| |
(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 |
| |
| 45 |
(a) | an interested authority in England and Wales; |
| |
|
| |
|