Electoral Administration Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 4 — Review of polling places
20

(b)
not less than 30 electors in the constituency;
(c)
a person (other than the returning officer) who has made
representations under Schedule A1;
(d)
a person who is not an elector in a constituency in the
authority’s area but who the Commission think has sufficient
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interest in the accessibility of disabled persons to polling places
in the area or has particular expertise in relation to the access to
premises or facilities of disabled persons.
(2)
A relevant representation is a representation that a review under
section 18A or 18B has not been conducted by a relevant authority so as
10
to—
(a)
meet the reasonable requirements of the electors in the
constituency or any body of those electors, or
(b)
take sufficient account of the accessibility to disabled persons of
polling stations within a designated polling place.
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(3)
The returning officer for the constituency may make observations on
representations made under this section.
(4)
The Electoral Commission must consider such representations and
observations and may, if they think fit—
(a)
direct the relevant authority to make any alterations to the
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polling places designated by the review which the Commission
think necessary in the circumstances;
(b)
if the authority fails to make the alterations before the end of the
period of two months starting on the day the direction is given,
make the alterations themselves.
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(5)
Alterations made by the Electoral Commission under subsection (4)
have effect as if they had been made by the relevant authority.
(6)
An interested authority in relation to a constituency in England and
Wales is—
(a)
in England, the council of a parish, or where there is no such
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council the parish meeting of a parish, which is wholly or partly
situated within the constituency;
(b)
in Wales, the council of a community which is so situated.
(7)
The reference in subsection (1)(b) to electors does not include persons
who have an anonymous entry in the register of parliamentary electors
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or local government electors.
18E
Sections 18A to 18D: supplemental
(1)
This section applies for the purposes of sections 18A to 18D.
(2)
No election is to be questioned by reason of—
(a)
any non-compliance with the provisions of those sections, or
40
(b)
any informality relative to polling districts or polling places.
(3)
Each of the following is a relevant authority—
(a)
in relation to England, the council of a district or London
borough;
(b)
in relation to Scotland, a local authority;
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(c)
in relation to Wales, the council of a county or county borough.

Electoral Administration Bill
Part 4 — Review of polling places
21

(4)
The following do not apply to Northern Ireland—
(a)
section 18A(2) to (5);
(b)
section 18B(2) to (5);
(c)
sections 18C and 18D,

and in Northern Ireland the polling districts and polling places are
5
those for the time being established under the law relating to local
elections within the meaning of section 130 of the Electoral Law Act
(Northern Ireland) 1962.”
(2)
Before Schedule 1 to that Act (parliamentary elections rules) insert—
“Schedule A1
10
Section 18C

Review of polling districts and polling places
1
The relevant authority must publish notice of the holding of a
review.
2
The authority must consult the returning officer for every
parliamentary election held in a constituency which is wholly or
15
partly in its area.
3     (1)
Every such returning officer must make representations to the
authority.
      (2)
The representations must include information as to the location of
polling stations (existing or proposed) within polling places (existing
20
or proposed).
      (3)
The representations must be published in such manner as is
prescribed.
4     (1)
The authority must seek representations from such persons as it
thinks have particular expertise in relation to access to premises or
25
facilities for persons who have different forms of disability.
      (2)
Such persons must have an opportunity—
(a)
to make representations;
(b)
to comment on the returning officer’s representations.
5
Any elector in a constituency situated in whole or in part in the
30
authority’s area may make representations.
6
Representations made by any person in connection with a review of
polling places may include proposals for specified alternative
polling places.
7
On completion of a review the authority must—
35
(a)
give reasons for its decisions in the review;
(b)
publish such other information as is prescribed.”

Electoral Administration Bill
Part 5 — Standing for election
22

Part 5
Standing for election
20
Minimum age
(1)
A person is disqualified for membership of the House of Commons if, on the
day on which he is nominated as a candidate, he has not attained the age of 18.
5
(2)
Subject to an order made by the House of Commons under section 6(2) of the
House of Commons Disqualification Act 1975 (c. 24) as applied by subsection
(3), if a person disqualified by subsection (1) for membership of that House is
elected as a member of that House his election is void.
(3)
Sections 6(2) to (4) and 7 of that Act apply in the case of a person disqualified
10
by subsection (1) as they apply in the case of a person disqualified by that Act,
and references in those sections to a person disqualified by that Act must be
construed as including references to a person disqualified by subsection (1).
(4)
In section 79(1) of the Local Government Act 1972 (c. 70) (qualifications for
election and holding office as a member of a local authority) for “twenty-one”
15
substitute “eighteen”.
(5)
In section 20(3) of the Greater London Authority Act 1999 (c. 29) (minimum age
for election as Mayor or Assembly member) for “21” substitute “18”.
(6)
In section 3(1) of the Local Government Act (Northern Ireland) 1972 (C. 9)
(qualifications for election and holding office as a councillor) for “twenty-one”
20
substitute “eighteen”.
(7)
The following enactments (which disqualify a person who has not attained the
age of 21 for election as a Member of Parliament), so far as not previously
repealed, cease to have effect—
(a)
section 7 of the Parliamentary Elections Act 1695 (c. 25);
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(b)
the Election Act 1707 (cap. 8);
(c)
section 74 of the Parliamentary Elections (Ireland) Act 1823 (c. 55).
(8)
In section 6 of the Union with Scotland Act 1706 (c. 11) the words “It is always
hereby expressly provided and declared that none shall be capable to elect or
be elected for any of the said estates but such as are twenty one years complete”
30
do not apply for the purpose of fixing the minimum age at which a person may
be elected as a member of the House of Commons.
21
Certain Commonwealth citizens
(1)
In section 3 of the Act of Settlement (1700 c. 2), the words from “That after the
said limitation shall take effect” to “in trust for him.” (which impose certain
35
disqualifications) do not apply (so far as they relate to membership of the
House of Commons) to a person who is—
(a)
a qualifying Commonwealth citizen, or
(b)
a citizen of the Republic of Ireland.
(2)
For the purposes of subsection (1), a person is a qualifying Commonwealth
40
citizen if he is a Commonwealth citizen who either—
(a)
is not a person who requires leave under the Immigration Act 1971
(c. 77) to enter or remain in the United Kingdom, or

Electoral Administration Bill
Part 5 — Standing for election
23

(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.
(3)
But a person is not a qualifying Commonwealth citizen by virtue of subsection
(2)(a) if he does not require leave to enter or remain in the United Kingdom by
5
virtue only of section 8 of the Immigration Act 1971 (c. 77) (exceptions to
requirement for leave in special cases).
(4)
Subject to an order made by the House of Commons under section 6(2) of the
House of Commons Disqualification Act 1975 (c. 24) as applied by subsection
(5)—
10
(a)
if a person disqualified for membership of that House by virtue of
section 3 of the Act of Settlement (1700 c. 2) as modified by this section
is elected as a member of that House his election is void;
(b)
if a person being a member of that House becomes so disqualified for
membership his seat is vacated.
15
(5)
Sections 6(2) to (4) and 7 of the House of Commons Disqualification Act 1975
apply in the case of a person disqualified as mentioned in subsection (4) as they
apply in the case of a person disqualified by that Act, and references in those
sections to a person disqualified by that Act must be construed as including
references to a person disqualified as mentioned in subsection (4).
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(6)
Part 3 of Schedule 1 (which contains further amendments relating to standing
for election) has effect.
(7)
In Schedule 7 to the British Nationality Act 1981 (c. 61), the entry relating to the
Act of Settlement is omitted.
22
Nomination procedures
25
(1)
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as
follows.
(2)
In rule 1 (timetable), in the entry in the second column in respect of
“Publication of statement of persons nominated”, for the words from “at the
close of” to the end substitute “—
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(a)
if no objections to nomination papers are made, at the close of
the time for doing so, or
(b)
if any such objections are made, not before they are disposed
of but not later than 24 hours after the last time for delivery
of nomination papers.”
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(3)
In rule 5 (notice of election), after paragraph (1) insert—
   “(1A)
The notice of election must also state the arrangements which apply
for the payment of the deposit required by rule 9 below to be made
by means of the electronic transfer of funds.”
(4)
In rule 6 (nomination of candidates), in paragraph (3) for the words from
40
“either” to the end substitute “one of the following—
(a)
a description which is authorised as mentioned in rule 6A(1)
or (1B) below;
(b)
a description permitted under rule 6B(1) below;

Electoral Administration Bill
Part 5 — Standing for election
24

(c)
if the candidate is the Speaker of the House of Commons
seeking re-election, the words “The Speaker seeking re-
election”.”
(5)
In rule 9 (deposit), in paragraph (2)(c) after “manner” insert “(including by
means of a debit or credit card or the electronic transfer of funds)”.
5
(6)
In rule 12 (validity of nomination papers), in paragraph (3) for the words from
“as soon as practicable” to the end substitute “—
(a)
as soon as practicable after it is made, and
(b)
in any event, before the end of the period of 24 hours starting
with the close of the period for delivery of nomination papers
10
set out in the Table in rule 1.”
(7)
In that rule, in paragraph (3A) for the words from “as soon as practicable” to
the end substitute “—
(a)
as soon as practicable after delivery of the nomination paper,
and
15
(b)
in any event, before the end of the period of 24 hours starting
with the close of the period for delivery of nomination papers
set out in the Table in rule 1.”
(8)
After rule 14 insert—
“Correction of minor errors
20
14A   (1)
A returning officer may, if he thinks fit, at any time before the
publication under rule 14 above of the statement of persons
nominated, correct minor errors in a nomination paper.
      (2)
Errors which may be corrected include—
(a)
errors as to a person’s electoral number;
25
(b)
obvious errors of spelling in relation to the details of a
candidate.
      (3)
Anything done by a returning officer in pursuance of this rule must
not be questioned in any proceedings other than proceedings on an
election petition.
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      (4)
A returning officer must have regard to any guidance issued by the
Electoral Commission for the purposes of this rule.”
(9)
In rule 53 (return or forfeiture of deposit), in paragraph (4) for “one-twentieth”
substitute “one-fiftieth”.
23
Description of independent candidates
35
(1)
Schedule 1 to the 1983 Act is amended in accordance with subsections (2) to (5).
(2)
After rule 6A (nomination papers: name of registered political party) insert—
“Nomination papers: description of independent candidates
6B    (1)
A nomination paper for a candidate (other than the Speaker seeking
re-election) whose description is not authorised as mentioned in rule
40
6A(1) or (1B) above may not include a description of the candidate
unless it falls within paragraph (2) or (3).

Electoral Administration Bill
Part 5 — Standing for election
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      (2)
A description falls within this paragraph if—
(a)
in relation to a candidate standing in an election in England,
Scotland or Northern Ireland, it consists of the word
“Independent”;
(b)
in relation to a candidate standing in an election in Wales, it
5
consists of the word “Independent” or the word
“Annibynnwr”.
      (3)
A description falls within this paragraph if it is not more than six
words in length and in the opinion of the returning officer—
(a)
it is not the same as a registered description or the description
10
of another candidate,
(b)
it is not so similar to a registered description or the
description of another candidate as to be likely to confuse an
elector,
(c)
it is not likely to lead electors to associate the candidate with
15
a registered political party,
(d)
it is not obscene or offensive,
(e)
it is not of such a character that its publication would be likely
to lead to the commission of an offence,
(f)
it does not include any word or expression prohibited by
20
virtue of an order made by the Secretary of State,
(g)
it would not be likely, were it to appear on a ballot paper
issued at an election—
(i)
to result in an elector being misled as to the effect of
his vote, or
25
(ii)
to contradict, or hinder an elector’s understanding of,
any directions for his guidance in voting given on the
ballot paper or elsewhere,
(h)
it does not contain any script other than Roman script, and
(i)
it conforms to such other requirements as to descriptions
30
falling within this paragraph as are prescribed.
      (4)
For the purposes of the exercise of his functions under paragraph (3),
a returning officer must have regard to any guidance issued by the
Electoral Commission.
      (5)
The Secretary of State must not make an order under paragraph (3)(f)
35
unless he first consults the Electoral Commission.
      (6)
An order under paragraph (3)(f) may except the use of a word or
expression from the prohibition in specified circumstances.
      (7)
The power to make an order under paragraph (3)(f) is exercisable by
statutory instrument subject to annulment in pursuance of a
40
resolution of either House of Parliament.
      (8)
In the application of paragraph (3) to a candidate standing in an
election in Wales, for “it is not more than six words in length”
substitute “its length does not exceed six words in either English or
Welsh or, if the description is also expressed in the other of those
45
languages, six words in that other language”.
      (9)
In paragraph (3)—

Electoral Administration Bill
Part 5 — Standing for election
26

“registered description” means a description registered for use
by a party in pursuance of section 28A or 28B of the Political
Parties, Elections and Referendums Act 2000;
“registered political party” means a party which was registered
under Part 2 of the Political Parties, Elections and
5
Referendums Act 2000 at the time by which the notice of the
election is required to be published by virtue of rule 1.”
(3)
In rule 8 (consent to nomination), in paragraph (3), after sub-paragraph (c)
(inserted by section 26) insert “and
(d)
shall, if the candidate is neither—
10
(i)
the subject of a party’s authorisation under rule 6A(1)
or (1B), nor
(ii)
the Speaker seeking re-election,

state that he has not been selected or authorised to stand in
the name or on behalf of any registered party, organisation or
15
other person.”
(4)
In rule 12 (validity of nomination papers), after paragraph (3A) insert—
   “(3B)
If the returning officer thinks that the description on the nomination
paper of a candidate whose description is not authorised as
mentioned in rule 6A(1) or (1B) (candidate A) is misleadingly similar
20
to the description of another such candidate (candidate B) whose
nomination he received first he must, as soon as practicable after the
receipt of the second nomination, give his decision on its validity.
     (3C)
For the purposes of paragraph (3B) a description is misleadingly
similar if it is so similar to another description as to be likely to result
25
in an elector confusing candidate A with candidate B.”
(5)
In rule 19 (ballot papers), after paragraph (2B) insert—
   “(2C)
In the case of a candidate who is neither—
(a)
the subject of a party’s authorisation under rule 6A(1) or (1B),
nor
30
(b)
the Speaker seeking re-election,

the emblem for an independent candidate must be printed against
the candidate’s particulars.
     (2D)
In paragraph (2C) the emblem for an independent candidate is—
(a)
in relation to an election in England, Scotland or Northern
35
Ireland, “IND”;
(b)
in relation to an election in Wales, “IND/ANNIB” or, if the
candidate so requests, “ANNIB/IND”.
     (2E)
The candidate’s request under paragraph (2D)(b) must—
(a)
be made in writing to the returning officer, and
40
(b)
be received by him during the period for delivery of
nomination papers set out in the Table in rule 1.”
(6)
In section 29 of the 2000 Act (emblems), after subsection (2) insert—
“(2A)
The Commission must not register any of the emblems “IND”,
“ANNIB”, “IND/ANNIB” and “ANNIB/IND” as the emblem of any
45
party.”