Electoral Administration Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 6 — Conduct of elections etc.
55

(c)
use any such information for a purpose other than that for which the
document or part was supplied to him.
(7)
Regulations may also impose conditions corresponding to those mentioned in
subsection (6) in respect of persons who have obtained a document or part of a
document mentioned in subsection (2)—
5
(a)
which was supplied to another person in pursuance of subsection (2),
or
(b)
otherwise than in accordance with regulations under this section.
(8)
The power to make regulations under this section—
(a)
is exercisable by the Secretary of State by statutory instrument;
10
(b)
includes power to make different provision for different purposes.
(9)
The Secretary of State must not make regulations under this section unless he
first consults the Electoral Commission.
(10)
No regulations may be made under this section unless a draft of the statutory
instrument containing the regulations has been laid before, and approved by
15
resolution of, each House of Parliament.
43
Access to other election documents: contravention of regulations
(1)
A person is guilty of an offence—
(a)
if he fails to comply with any conditions imposed in pursuance of
regulations under section 42, or
20
(b)
if he is an appropriate supervisor of a person (P) who fails to comply
with such a condition and he failed to take appropriate steps.
(2)
P is not guilty of an offence under subsection (1) if—
(a)
he has an appropriate supervisor, and
(b)
he has complied with all the requirements imposed on him by his
25
appropriate supervisor.
(3)
A person who is not P or an appropriate supervisor is not guilty of an offence
under subsection (1) if he takes all reasonable steps to ensure that he complies
with the conditions.
(4)
In subsections (1)(b) and (2)—
30
(a)
an appropriate supervisor is a person who is a director of a company or
concerned in the management of an organisation in which P is
employed or under whose direction or control P is;
(b)
appropriate steps are such steps as it was reasonable for the
appropriate supervisor to take to secure the operation of procedures
35
designed to prevent, so far as reasonably practicable, the occurrence of
a failure to comply with the conditions.
(5)
A person guilty of an offence as mentioned in subsection (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
44
Access to other election documents: supplementary
40
(1)
This section applies for the purposes of section 42.
(2)
The relevant officer is—
(a)
in England and Wales, the relevant registration officer;

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(b)
in Scotland, the relevant sheriff clerk;
(c)
in Northern Ireland, the Chief Electoral Officer for Northern Ireland.
(3)
The relevant registration officer is—
(a)
the registration officer of the local authority in whose area the election
is held, or
5
(b)
if the election is held in respect of an electoral area which comprises any
part of the area of more than one local authority, such registration
officer as the Secretary of State by order appoints.
(4)
The relevant sheriff clerk is—
(a)
the sheriff clerk of the sheriff court district in which the election is held,
10
or
(b)
if the election is held in respect of an electoral area which comprises any
part of the area of more than one sheriff court district, the sheriff clerk
of such of those districts as the Secretary of State by order appoints.
(5)
The relevant election documents are such documents relating to an election
15
(other than a parliamentary election, a local government election in Scotland or
a local election in Northern Ireland) as the relevant officer is required by or
under any enactment to retain for any period except—
(a)
ballot papers;
(b)
completed corresponding number lists;
20
(c)
certificates as to employment on the day of the election;
(d)
the list kept under section 13E(8) of the 1983 Act (personal identifier
information).
(6)
A party is a registered party if it is registered for the purposes of Part 2 of the
2000 Act.
25
(7)
An electoral area is—
(a)
in relation to a local government election, an electoral area within the
meaning of section 203(1) of the 1983 Act;
(b)
in relation to an election to the National Assembly for Wales, an
Assembly constituency or an Assembly electoral region within the
30
meaning of section 2(2) of the Government of Wales Act 1998 (c. 38)
(Assembly constituencies and Assembly regions);
(c)
in relation to an election to the Scottish Parliament, a constituency or a
region within the meaning of Schedule 1 to the Scotland Act 1998 (c. 46)
(constituencies, regions and regional members);
35
(d)
in relation to an election to the Northern Ireland Assembly, a
constituency for the purposes of section 33 of the Northern Ireland Act
1998 (c. 47) (constituencies and numbers of members);
(e)
in relation to an election to the European Parliament, an electoral region
within the meaning of section 1 of the European Parliamentary
40
Elections Act 2002 (c. 24) (electoral regions and number of MEPs).
(8)
The marked register is the copy of the register of electors marked in accordance
with provision corresponding to rule 37(1)(c) of the parliamentary elections
rules.
(9)
A marked copy of the list of proxies is the copy of that list marked in
45
accordance with provision corresponding to rule 37(1)(e) of the parliamentary
elections rules.

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(10)
A marked copy of the postal voters list or the proxy postal voters list is the copy
of that list marked in accordance with provision corresponding to rule 31A(1)
of the parliamentary elections rules.
(11)
A completed corresponding number list is a list prepared under provision
corresponding to rule 19A of the parliamentary elections rules which is
5
completed in accordance with provision corresponding to rule 37(1)(b) and (d)
of those rules.
(12)
Expressions used in this section or section 42 or 43 and in the 1983 Act must
(unless the context otherwise requires) be construed in accordance with that
Act.
10
45
Marked postal voters list
(1)
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as
follows.
(2)
After rule 31 (notification of requirement of secrecy) insert—
“Return of postal ballot papers
15
31A   (1)
Where—
(a)
a postal vote has been returned in respect of a person who is
entered on the postal voters list, or
(b)
a proxy postal vote has been returned in respect of a proxy
who is entered on the proxy postal voters list,
20

the returning officer must mark the list in the prescribed manner.
      (2)
For the purposes of paragraph (1) above, regulations may prescribe
the circumstances in which a postal vote or a proxy postal vote (as
the case may be) is or is not to be treated as having been returned.
      (3)
Rule 45(1B) and (2) below does not apply for the purpose of
25
determining whether, for the purposes of this rule, a postal vote or a
proxy postal vote is returned.”
(3)
In rule 55 (delivery of documents after poll)—
(a)
in paragraph (1)(e) for “of lists of proxies” substitute “of the postal
voters list, of lists of proxies and of the proxy postal voters list”;
30
(b)
after paragraph (1)(e) insert—
“(f)
such other documents relating to elections as are
prescribed,”.
Correction of procedural errors
46
Returning officers: correction of procedural errors
35
(1)
A returning officer for an election to which this section applies may take such
steps as he thinks appropriate to remedy any act or omission on his part, or on
the part of a relevant person, which—
(a)
arises in connection with any function the returning officer or relevant
person has in relation to the election, and
40
(b)
is not in accordance with the rules or any other requirements applicable
to the election.

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(2)
But a returning officer may not under subsection (1) re-count the votes given
at an election after the result has been declared.
(3)
This section applies to—
(a)
a parliamentary election;
(b)
a local government election in England and Wales (within the meaning
5
of the 1983 Act).
(4)
These are the relevant persons—
(a)
an electoral registration officer;
(b)
a presiding officer;
(c)
a person providing goods or services to the returning officer;
10
(d)
a deputy of any person mentioned in paragraph (a) to (c) or a person
appointed to assist, or in the course of his employment assisting, such
a person in connection with any function he has in relation to the
election.
(5)
Subsections (1) to (4) must be construed as part of the Representation of the
15
People Acts.
(6)
In section 63 of the 1983 Act (breach of official duty), after subsection (3)
insert—
“(4)
Where—
(a)
a returning officer for an election to which section 46 of the
20
Electoral Administration Act 2006 applies is guilty of an act or
omission in breach of his official duty, but
(b)
he remedies that act or omission in full by taking steps under
subsection (1) of that section,

he shall not be guilty of an offence under subsection (1) above.
25
(5)
Subsection (4) does not affect any conviction which takes place, or any
penalty which is imposed, before the date on which the act or omission
is remedied in full.”
Miscellaneous amendments
47
Miscellaneous amendments of the 1983 Act
30
Part 5 of Schedule 1 (which contains miscellaneous amendments of the 1983
Act relating to the conduct of elections) has effect.
Part 7
Regulation of parties
Registration of parties
35
48
Registered names of parties
In section 28 of the 2000 Act (registration of parties), after subsection (4)(d)
insert—
“(da)
would be likely, were it to appear on a ballot paper issued at an
election—
40

Electoral Administration Bill
Part 7 — Regulation of parties
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(i)
to result in an elector being misled as to the effect of his
vote, or
(ii)
to contradict, or hinder an elector’s understanding of,
any directions for his guidance in voting given on the
ballot paper or elsewhere,”.
5
49
Political party descriptions
(1)
In the 2000 Act after section 28 (registration of parties) insert—
“28A
Descriptions
(1)
A party’s application under section 28 may include a request for the
registration of up to five descriptions to be used on nomination papers
10
or ballot papers.
(2)
Where a request is made by a party under this section in relation to a
description, the Commission shall register the description as a
description of the party unless it is of more than six words in length or
in their opinion it—
15
(a)
would be the same as the name of a party or the registered
description of a party which (in either case) is already registered
in the register in which that party is applying to be registered,
(b)
would be likely to result in electors confusing that party with
another party which is already registered in respect of the
20
relevant part of the United Kingdom,
(c)
is obscene or offensive,
(d)
is of such a character that its publication would be likely to
amount to the commission of an offence,
(e)
would be likely, were it to appear on a ballot paper issued at an
25
election—
(i)
to result in an elector being misled as to the effect of his
vote, or
(ii)
to contradict, or hinder an elector’s understanding of,
any directions for his guidance in voting given on the
30
ballot paper or elsewhere,
(f)
includes any script other than Roman script, or
(g)
includes a word or expression prohibited by order made by the
Secretary of State.
(3)
In subsection (2)(b) “already registered in respect of the relevant part of
35
the United Kingdom” has the meaning given by section 28(5).
(4)
An order under subsection (2)(g) may except the use of a word or
expression from the prohibition in specified circumstances.
(5)
In the application of subsection (2) above to a party which has made a
declaration falling within section 28(2) which specifies Wales as a part
40
of Great Britain in respect of which it is applying to be registered, for “it
is of more than six words in length” substitute “its length exceeds six
words in either English or Welsh or, if the description is also expressed
in the other of those languages, six words in that other language”.
(6)
The Secretary of State may, by order, substitute for the number “five”
45
in subsection (1) such other number as he thinks appropriate.

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(7)
An order under subsection (2)(g) or (6) must not be made unless the
Secretary of State first consults the Commission.
28B
Joint descriptions
(1)
Two or more parties which are registered under section 28 above in the
same register may apply to the Commission to register a description for
5
use by a candidate standing in the name of both or all of the parties
jointly.
(2)
Subsections (2) to (5) of section 28A apply to an application under this
section as they apply to an application under that section.
(3)
Subsections (1)(bb), (4A) to (4D) and (6A) of section 30 apply to a
10
description mentioned in subsection (1) above as they apply to a
description to which section 28A applies and for the purposes of such
application—
(a)
any reference to a party in section 30 (except in relation to an
application to remove a description under subsection (1)(bb) of
15
that section) must be construed as a reference to the parties
mentioned in subsection (1) above acting jointly,
(b)
section 30(4A)(a) must be taken to read “the parties already
have a description registered in pursuance of section 28B
above”, and
20
(c)
the requirement in paragraph 9 of Schedule 4 for an application
under section 30 to be signed by the responsible officer of a
party must be taken to be a requirement for the application to
be signed by a responsible officer of each party which joins in
the application.”
25
(2)
In section 22 of that Act (parties to be registered in order to field candidates at
elections), in subsection (3)(a)(i) for ““Independent”” substitute “not a
description registered in pursuance of section 28A, 28B or 30(1)(bb)”.
(3)
In section 30 of that Act (changes to the register)—
(a)
in subsection (1), after paragraph (ba) insert—
30
“(bb)
the addition, alteration, substitution or removal of a
description,”;
(b)
in subsection (2) for “(6)” substitute “(6A)”;
(c)
in subsection (4) after paragraph (a) insert “or
“(aa)
such confusion in relation to a registered description of
35
the party as is mentioned in paragraph (b) of section
28A(2),”;
(d)
after subsection (4) insert—
“(4A)
The Commission shall refuse an application to add a
description if—
40
(a)
the party already has five descriptions (or such other
maximum number of descriptions as is substituted by
order under section 28A(6)),
(b)
the length of the description exceeds six words, or
(c)
in the Commission’s opinion, any of paragraphs (a) to
45
(g) of section 28A(2) apply to the description.
(4B)
The Commission shall refuse an application to alter a
description if the effect of the alteration—

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(a)
is that the length of the description as altered will exceed
six words, or
(b)
in their opinion, is that any of paragraphs (a) to (g) of
section 28A(2) will apply to the description as altered.
(4C)
The Commission shall refuse to substitute a description if—
5
(a)
the length of the new description will exceed six words,
or
(b)
in their opinion any of paragraphs (a) to (g) of section
28A(2) apply to the new description.
(4D)
In the application of subsection (4A)(b), (4B)(a) or (4C)(a) above
10
to a party which has made a declaration falling within section
28(2) which specifies Wales as a part of Great Britain in respect
of which it is registered, for “six words” substitute “six words in
either English or Welsh or, if the description is also expressed in
the other of those languages, six words in that other
15
language”.”;
(e)
after subsection (6) insert—
“(6A)
If an application under this section for the substitution or
removal of a description is granted at any time between—
(a)
the date of publication of the notice of election at an
20
election in which there are one or more candidates
standing in the name of the party, and
(b)
the poll at the election,

the change does not take effect until the day following the poll.”
(f)
in subsection (7), after “subsection (3)” insert “(4A), (4B), (4C),”;
25
(g)
in subsection (7), after paragraph (a) insert “or
(aa)
section 28A(2)(a) and section 28(5) as it applies by virtue
of section 28A(3), or
(ab)
section 28A(2)(a) as it applies by virtue of section
28B(2),”.
30
(4)
In Schedule 1 to the 1983 Act (parliamentary elections rules) in rule 6A, after
paragraph (1) insert—
   “(1A)
In paragraph (1) above an authorised description may be either—
(a)
the name of the party registered under section 28 of the
Political Parties, Elections and Referendums Act 2000, or
35
(b)
a description of the party registered under section 28A of that
Act.
     (1B)
A nomination paper may not include a description of a candidate
which is likely to lead electors to associate the candidate with two or
more registered political parties unless the parties are each
40
qualifying parties in relation to the constituency and the description
is a registered description authorised by a certificate—
(a)
issued by or on behalf of the registered nominating officer of
each of the parties, and
(b)
received by the returning officer at some time during the
45
period for delivery of nomination papers set out in the Table
in rule 1.