Electoral Administration Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 6 — Conduct of elections etc.
34

starting with the day when the vacancy occurs and ending with
the date of the poll for the election.
(9)
But in relation to a parliamentary general election the poll for which is
held less than four months after the date of the poll for the
parliamentary general election which preceded it, “the relevant period”
5
means the period—
(a)
beginning with the day after the date of the poll for the earlier
election, and
(b)
ending with the date of the poll for the election in question.
(10)
For the purposes of subsection (1)—
10
(a)
expenditure incurred before the relevant period is to be treated
as having been incurred during the relevant period if it is
incurred in connection with any thing which is used or takes
place during the relevant period;
(b)
it is immaterial whether at the time the expenditure is incurred
15
it is known who will be the candidate at the election.”
(6)
The amendments made by this section (except subsections (2)(a) and (5)) must
be taken to have had effect from 16 February 2001 (the date of coming into force
of section 131 of the 2000 Act).
(7)
This section does not apply to local government elections in Scotland (within
20
the meaning of the 1983 Act).
30
Return as to election expenses
(1)
In section 81 of the 1983 Act (returns as to election expenses), omit subsection
(3) and insert—
“(3A)
The return shall also contain as respects that candidate—
25
(a)
a statement relating to such other expenses in connection with
which provision is made by this Part as the Electoral
Commission provide in regulations;
(b)
a statement relating to such claims (whether paid, unpaid or
disputed) in connection with such election expenses or such
30
other expenses mentioned in paragraph (a) as the Electoral
Commission so provide;
(c)
a statement relating to such other matters as is prescribed.”
(2)
This section does not apply to local government elections in Scotland (within
the meaning of the 1983 Act).
35
31
Meaning of election expenses for purposes of the 1983 Act
(1)
The 1983 Act is amended as follows.
(2)
After section 90 (election expenses at elections where election agent not
required) insert—
“90ZA
Meaning of “election expenses”
40
(1)
In this Part of this Act “election expenses” in relation to a candidate at
an election means (subject to subsections (2) and (3) below and section
90C below) any expenses incurred at any time in respect of any matter

Electoral Administration Bill
Part 6 — Conduct of elections etc.
35

specified in Part 1 of Schedule 4A which is used for the purposes of the
candidate’s election during the relevant period.
(2)
For the purposes of subsection (1), it is immaterial whether any such
matter is so used before or after the date when the candidate becomes
a candidate at the election.
5
(3)
No election expenses are to be regarded as incurred by virtue of
subsection (1) above or section 90C below in respect of any matter
specified in Part 2 of Schedule 4A.
(4)
In this section and in section 90C below, “for the purposes of the
candidate’s election” means with a view to, or otherwise in connection
10
with, promoting or procuring the candidate’s election at the election.
(5)
In this section, “the relevant period” means—
(a)
in relation to a parliamentary general election, the period of
four months ending with the date of the poll for the election;
(b)
in relation to a local government election (other than an election
15
under section 89 of the Local Government Act 1972 to fill a
casual vacancy), the period of four months ending with the date
of the poll for the election;
(c)
in relation to a by-election or an election under section 89 of the
Local Government Act 1972 to fill a casual vacancy, the period
20
starting with the day when the vacancy occurs and ending with
the date of the poll for the election.
(6)
But in relation to a parliamentary general election the poll for which is
held less than four months after the date of the poll for the
parliamentary general election which preceded it, “the relevant period”
25
means the period—
(a)
beginning with the day after the date of the poll for the earlier
election, and
(b)
ending with the date of the poll for the election in question.
(7)
For the purposes of this Part of this Act, election expenses are incurred
30
by or on behalf of a candidate at an election if they are incurred —
(a)
by the candidate or his election agent, or
(b)
by any person authorised by the candidate or his election agent
to incur expenses.
(8)
In this Part of this Act, any reference to election expenses incurred by
35
or on behalf of a candidate at an election other than a by-election
includes expenses—
(a)
which are incurred as mentioned in subsection (1) above before
the date when he becomes a candidate at the election, but
(b)
which by virtue of that subsection and subsection (2) above fall
40
to be regarded as election expenses.
(9)
In this Part and in Part 3 of this Act, any reference (in whatever terms)
to promoting or procuring a candidate’s election at an election includes
doing so by prejudicing the electoral prospects of another candidate at
the election.
45
(10)
Schedule 4A has effect.
(11)
This section does not apply to a local government election in Scotland.”

Electoral Administration Bill
Part 6 — Conduct of elections etc.
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(3)
Omit sections 90A and 90B.
(4)
The repeal of sections 90A and 90B by subsection (3) does not extend to those
sections as they apply to local government elections in Scotland (within the
meaning of the 1983 Act).
(5)
After Schedule 4 (election expenses at certain local elections in England and
5
Wales) insert—
“Schedule 4A
Section 90ZA

Election expenses
Part 1
List of matters
10
1
Advertising of any nature (whatever the medium used).


Expenses in respect of such advertising include agency fees, design
costs and other costs in connection with preparing, producing,
distributing or otherwise disseminating such advertising or
15
anything incorporating such advertising and intended to be
distributed for the purpose of disseminating it.
2
Unsolicited material addressed to electors (whether addressed to
them by name or intended for delivery to households within any
particular area).
20


Expenses in respect of such material include design costs and other
costs in connection with preparing, producing or distributing such
material (including the cost of postage).
3
Transport (by any means) of persons to any place.
25


Expenses in respect of the transport of such persons include the costs
of hiring a means of transport for a particular period.
4
Public meetings (of any kind).

30

Expenses in respect of such meetings include costs incurred in
connection with the attendance of persons at such meetings, the hire
of premises for the purposes of such meetings or the provision of
goods, services or facilities at them.
5
The services of an election agent or any other person whose services
35
are engaged in connection with the candidate’s election.
6
Accommodation and administrative costs.

Electoral Administration Bill
Part 6 — Conduct of elections etc.
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Part 2
General Exclusions
7
The payment of any deposit required by rule 9 of Schedule 1 to this
Act.
8
The publication of any matter, other than an advertisement, relating
5
to the election in—
(a)
a newspaper or periodical;
(b)
a broadcast made by the British Broadcasting Corporation or
by Sianel Pedwar Cymru;
(c)
a programme included in any service licensed under Part 1 or
10
3 of the Broadcasting Act 1990 or Part 1 or 2 of the
Broadcasting Act 1996.
9
The provision of any facilities provided in pursuance of any right
conferred on candidates at an election by this Act other than facilities
in respect of which expenses fall to be defrayed by virtue of sections
15
95(4) and 96(4) above.
10
The provision by an individual of his own services which he
provides voluntarily in his own time and free of charge.
11    (1)
Accommodation which is the candidate’s sole or main residence.
      (2)
The provision by any other individual of accommodation which is
20
his sole or main residence if the provision is made free of charge.
12    (1)
Transport by a means of transport which was acquired by the
candidate principally for his own personal use.
      (2)
Transport provided free of charge by any other individual if the
means of transport was acquired by him principally for his own
25
personal use.
13    (1)
Computing or printing equipment which was acquired by the
candidate principally for his own personal use.
      (2)
The provision by any other individual of computing or printing
equipment which was acquired by the individual principally for his
30
own personal use if the provision is made free of charge.
Part 3
Supplemental
Guidance by Commission
14    (1)
The Electoral Commission (“the Commission”) may prepare, and
35
from time to time revise, a code of practice giving guidance as to the
matters which do, or do not, fall within Part 1 or 2 of this Schedule.
      (2)
Once the Commission have prepared a draft code under this
paragraph, they must submit it to the Secretary of State for his
approval.
40

Electoral Administration Bill
Part 6 — Conduct of elections etc.
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      (3)
The Secretary of State may approve a draft code either without
modification or with such modifications as he may determine.
      (4)
Once the Secretary of State has approved a draft code he shall lay a
copy of the draft, whether—
(a)
in its original form, or
5
(b)
in a form which incorporates any modifications determined
under sub-paragraph (3),

before each House of Parliament.
      (5)
If the draft incorporates any such modifications, the Secretary of
State must at the same time lay before each House a statement of his
10
reasons for making them.
      (6)
If, within the 40-day period, either House resolves not to approve the
draft, the Secretary of State must take no further steps in relation to
the draft code.
      (7)
If no such resolution is made within the 40-day period—
15
(a)
the Secretary of State must issue the code in the form of the
draft laid before Parliament, and
(b)
the code is to come into force on such date as the Secretary of
State may by order appoint,

and the Commission must arrange for it to be published in such
20
manner as they think appropriate.
      (8)
Sub-paragraph (6) does not prevent a new draft code from being laid
before Parliament.
      (9)
In this paragraph, “the 40-day period”, in relation to a draft code,
means—
25
(a)
if the draft is laid before one House on a day later than the
day on which it is laid before the other House, the period of
40 days beginning with the later of the two days, and
(b)
in any other case, the period of 40 days beginning with the
day on which the draft is laid before each House,
30

no account being taken of any period during which Parliament is
dissolved or prorogued or during which both Houses are adjourned
for more than four days.
     (10)
In this paragraph references to a draft code include a revised draft
code.
35
Power to amend Parts 1 and 2
15    (1)
The Secretary of State may by order made by statutory instrument
make such amendments of Part 1 or 2 of this Schedule as he considers
appropriate.
      (2)
An order under sub-paragraph (1) shall not be made unless a draft of
40
the statutory instrument containing the order has been laid before,
and approved by a resolution of, each House of Parliament.
      (3)
The Secretary of State may make such an order either—
(a)
where the order gives effect to a recommendation of the
Electoral Commission; or
45

Electoral Administration Bill
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(b)
after consultation with the Electoral Commission.”
Observation of elections etc.
32
Discretion to report on certain elections
In section 5 of the 2000 Act (reports on elections and referendums), after
subsection (2) insert—
5
“(2A)
After—
(a)
a parliamentary by-election,
(b)
an election held under section 9 of the Scotland Act 1998
(election for the Scottish Parliament in the case of a constituency
vacancy), or
10
(c)
an election held under section 8 of the Government of Wales Act
1998 (election for the National Assembly for Wales in the case of
a constituency vacancy),

the Commission may prepare and publish (in such manner as the
Commission may determine) a report on the administration of the
15
election.”
33
Observation of proceedings and working practices
After section 6 of the 2000 Act (reviews of electoral and political matters),
insert—
“6A
Attendance of representatives of Commission at elections etc.
20
(1)
A representative of the Commission may apply for permission to
attend any proceedings to which this section applies.
(2)
The proceedings to which this section applies are—
(a)
proceedings relating to an election specified in subsection (11)
which are the responsibility of the returning officer for the
25
election;
(b)
proceedings relating to a referendum to which Part 7 applies
which are the responsibility of the relevant counting officer.
(3)
An application under subsection (1) must be made—
(a)
in the case of an election, to the returning officer for the election;
30
(b)
in the case of a referendum, to the relevant counting officer.
(4)
An application under subsection (1) must specify the proceedings in
respect of which permission is sought.
(5)
If the returning officer or the relevant counting officer (as the case may
be) grants the permission sought, the representative of the Commission
35
may attend the proceedings in question.
(6)
The returning officer or the relevant counting officer (as the case may
be) may at any time revoke a permission granted as mentioned in
subsection (5).
(7)
If the returning officer or the relevant counting officer—
40
(a)
refuses an application for permission under this section, or
(b)
revokes any such permission,

Electoral Administration Bill
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he must at the same time give reasons for the refusal or revocation.
(8)
The right conferred on a representative of the Commission by
subsection (5) is subject to any enactment which regulates attendance
at the proceedings in question.
(9)
In this section, “representative of the Commission” means any of the
5
following—
(a)
a member of the Commission;
(b)
a member of staff of the Commission;
(c)
a person appointed by the Commission for the purposes of this
section.
10
(10)
A reference to the relevant counting officer must be construed—
(a)
if the area to which the proceedings relates is in Great Britain, in
accordance with section 128(3);
(b)
if the area to which the proceedings relates is Northern Ireland,
as a reference to the Chief Electoral Officer for Northern Ireland.
15
(11)
The elections specified in this subsection are—
(a)
an election mentioned in section 5(2);
(b)
a parliamentary by-election;
(c)
an election under section 9 of the Scotland Act 1998
(constituency vacancies);
20
(d)
an election under section 8 of the Government of Wales Act 1998
(vacancies in constituency seats);
(e)
a local government election in England or Wales;
(f)
a local election in Northern Ireland.
6B
Observation of working practices by representatives of Commission
25
(1)
A representative of the Commission may apply for permission to
observe the working practices of any person to whom this section
applies.
(2)
The persons to whom this section applies are—
(a)
an electoral registration officer;
30
(b)
a returning officer;
(c)
a relevant counting officer;
(d)
any person acting under the direction of a person mentioned in
paragraphs (a) to (c).
(3)
An application under subsection (1) must be made to a person
35
mentioned in paragraph (a), (b) or (c) of subsection (2) (the responsible
officer) in respect of permission to observe working practices for which
that person is responsible.
(4)
An application under subsection (1) must specify the times and places
in relation to which permission to carry out observations is sought.
40
(5)
If the responsible officer grants the permission sought, the
representative of the Commission may attend at the time and place
mentioned in the application for the purpose of observing the working
practices in question.