Electoral Administration Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 2 — Registration of electors
6

7
Amendment of the 1983 Act
In section 63 of the 1983 Act (breach of official duty), in subsection (3) after
paragraph (b) insert—
“(ba)
a CORE keeper (within the meaning of Part 1 of the Electoral
Administration Act 2006),”.
5
8
Interpretation of Part
(1)
This section has effect for the purposes of this Part.
(2)
A CORE scheme is a scheme established under section 1.
(3)
A CORE keeper is a person designated for the purposes of such a scheme.
(4)
“ERO” means an electoral registration officer.
10
Part 2
Registration of electors
9
Registration officers: duty to take necessary steps
(1)
After section 9 of the 1983 Act (registers of electors) insert—
“9A
Registration officers: duty to take necessary steps
15
(1)
Each registration officer must take all steps that are necessary for the
purpose of complying with his duty to maintain the registers under
section 9 above.
(2)
The steps include—
(a)
sending more than once to any address the form to be used for
20
the canvass under section 10 below;
(b)
making on more than one occasion house to house inquiries
under subsection (5) of that section;
(c)
making contact by such other means as the registration officer
thinks appropriate with persons who do not have an entry in a
25
register;
(d)
inspecting any records held by any person which he is
permitted to inspect under or by virtue of any enactment or rule
of law;
(e)
providing training to persons under his direction or control in
30
connection with the carrying out of the duty.
(3)
Regulations made by the Secretary of State may amend subsection (2)
by—
(a)
varying any of the paragraphs in that subsection;
(b)
inserting any paragraph;
35
(c)
repealing any paragraph.”
(2)
Subsection (6) of section 9 of that Act is omitted.

Electoral Administration Bill
Part 2 — Registration of electors
7

10
Anonymous registration
(1)
After section 9A of the 1983 Act (inserted by section 9(1) above) insert—
“9B
Anonymous registration
(1)
This section applies if an application for registration in a register of
parliamentary electors or local government electors is made in
5
accordance with the requirements prescribed for the purposes of
section 10A(1)(a) below and is accompanied by—
(a)
an application under this section made in accordance with
prescribed requirements (an application for an anonymous
entry),
10
(b)
a declaration made in accordance with such requirements for
the purposes of this section, and
(c)
such evidence in support of the application for an anonymous
entry as may be prescribed.
(2)
If the registration officer determines that the person is entitled to be
15
registered, he must also determine whether the person’s safety would
be at risk if the register contains his name or qualifying address.
(3)
If the registration officer determines that the person’s safety would be
so at risk—
(a)
section 9(2) above does not apply in relation to the person; and
20
(b)
the person’s entry in the register shall instead contain letters in
the prescribed form and his electoral number.
(4)
An entry containing the matters mentioned in subsection (3)(b) above
is referred to in this Act as an anonymous entry.
(5)
If an anonymous entry is made in respect of a person, the registration
25
officer shall remove any other entry in the register for that person.
(6)
If the registration officer does not determine that the person’s safety
would be at risk if the register contained his name or qualifying
address, no entry is to be made in respect of him in the register
(whether an anonymous entry or otherwise).
30
(7)
Subsection (6) above does not affect—
(a)
any other entry in the register for the person;
(b)
the determination of any further application for registration
which is made by the person (including an application which is
treated as having been made by him by virtue of section 10A(2)
35
below).
(8)
Any communication sent by a registration officer or the returning
officer for any election to a person who has an anonymous entry (A)
must be sent in an envelope or other form of covering so as not to
disclose to any other person that A has an anonymous entry.
40
(9)
Subsection (8) does not apply to a communication relating only to a
local government election in Scotland.
(10)
In this section, “determines” means determines in accordance with
regulations.

Electoral Administration Bill
Part 2 — Registration of electors
8

9C
Removal of anonymous entry
(1)
If a person has an anonymous entry in a register, his entitlement to
remain registered in pursuance of the application for registration
mentioned in section 9B(1) terminates—
(a)
at the end of the period of 12 months beginning with the date
5
when the entry in the register first takes effect, or
(b)
if the declaration made for the purposes of section 9B is
cancelled at any time before the expiry of that 12 month period,
at the time when the declaration is cancelled.
(2)
Subsection (1) above does not affect the application of any other
10
provision of this Act or of the Representation of the People Act 1985
which has the effect that the person’s entitlement to registration
terminates before the expiry of the 12 month period mentioned in
subsection (1) or before the cancellation of the declaration made for the
purposes of section 9B.
15
(3)
If a person’s entitlement to remain registered terminates by virtue of
subsection (1) above, the registration officer concerned shall remove his
entry from the register, unless he is entitled to remain registered with
an anonymous entry in pursuance of a further application for
registration accompanied by a further application under section 9B.”
20
(2)
Part 1 of Schedule 1 (which makes further provision in connection with
anonymous registration) has effect.
11
Alterations of registers: pending elections
(1)
Section 13B of the 1983 Act (alteration of registers: pending elections) is
amended in accordance with subsections (2) to (4).
25
(2)
For subsection (1) substitute—
“(1)
If, by virtue of section 13A(2) above, an alteration in a published
version of a register is to take effect after the fifth day before the date of
the poll for an election to which this section applies, the alteration does
not have effect for the purposes of the election.”
30
(3)
For subsection (2) substitute—
“(2)
Subsection (3) below applies where—
(a)
at any time before the appropriate publication date in the case
of an election to which this section applies, section 13A above
applies to a registration officer, by virtue of subsection (1) of
35
that section, in connection with a determination, requirement or
decision falling within any of paragraphs (a) to (d) of that
subsection;
(b)
in consequence of the determination, requirement or decision
an entry relating to a person falls to be made in (or removed
40
from) the register in respect of an address in the relevant
election area; and
(c)
no alteration made in consequence of the determination,
requirement or decision—
(i)
has already taken effect, or
45
(ii)
is due to take effect,

Electoral Administration Bill
Part 2 — Registration of electors
9


under subsection (2) of that section on or before the fifth day
before the date of the poll.”
(4)
After subsection (3) insert—
“(3A)
Subsection (3B) below applies where—
(a)
at any time on or after the appropriate publication date in the
5
case of an election to which this section applies but before the
prescribed time on the day of the poll, section 13A above applies
to a registration officer, by virtue of subsection (1) of that
section, in connection with a notification mentioned in
paragraph (c) of that subsection; and
10
(b)
in consequence of the notification—
(i)
an entry relating to that person falls to be made in the
register in respect of an address in the relevant election
area, or
(ii)
his entry in the register requires to be altered.
15
(3B)
In such a case the registration officer shall issue, in the prescribed
manner, a notice specifying the appropriate alteration in the register;
and—
(a)
the notice shall be so issued by him when he receives the
notification; and
20
(b)
the alteration shall take effect as from the beginning of the day
on which the notice is issued.
(3C)
Subsection (3D) below applies where—
(a)
at any time on or after the appropriate publication date in the
case of an election to which this section applies but before the
25
prescribed time on the day of the poll, section 13A above applies
to a registration officer, by virtue of subsection (1) of that
section, in connection with a determination falling within
paragraph (d) of that subsection;
(b)
the determination was made following a representation made
30
by or on behalf of a person to the registration officer; and
(c)
in consequence of the determination—
(i)
an entry relating to that person falls to be made in the
register in respect of an address in the relevant election
area, or
35
(ii)
his entry in the register requires to be altered.
(3D)
In such a case the registration officer shall issue, in the prescribed
manner, a notice specifying the appropriate alteration in the register;
and—
(a)
the notice shall be so issued by him when he makes the
40
determination; and
(b)
the alteration shall take effect as from the beginning of the day
on which the notice is issued.
(3E)
In subsection (3C)(b) above, “representation” means a representation
made in accordance with prescribed requirements to the effect that the
45
register contains a clerical error.”

Electoral Administration Bill
Part 2 — Registration of electors
10

(5)
In section 56 of the 1983 Act (registration appeals), in subsection (4A) for the
words from “13B(3) above” to “returning officer” substitute “13B(3) or (3B)
above on or before the date of the poll”.
(6)
Part 2 of Schedule 1 (which contains further amendments of the 1983 Act
relating to the alteration of registers) has effect.
5
12
Determinations by registration officers and objections
(1)
In section 7 of the 1983 Act (residence: patients in mental hospitals who are not
detained offenders or on remand), after subsection (3)(a) insert—
“(aa)
the registration officer determines in accordance with
regulations that the person was not entitled to be registered, or”.
10
(2)
In section 7A of that Act (residence: persons remanded in custody etc.), after
subsection (3)(a) insert—
“(aa)
the registration officer determines in accordance with
regulations that the person was not entitled to be registered, or”.
(3)
In section 7C of that Act (effect of declaration of local connection), after
15
subsection (2)(a) insert—
“(aa)
the registration officer determines in accordance with
regulations that the person was not entitled to be registered,”.
(4)
In section 10A of that Act (maintenance of registers: registration of electors)
after subsection (3) insert—
20
“(3A)
Subsection (3) above applies to an objection to a person’s registration
whether the objection is made before or after the person is registered in
the register.”
(5)
In that section, in subsection (5)—
(a)
omit the word “duly”;
25
(b)
for paragraph (b) substitute—
“(b)
determines that the elector was not entitled to be
registered in respect of that address or that he has ceased
to be resident at that address or has otherwise ceased to
satisfy the conditions for registration set out in section 4
30
above.”
(6)
In that section, after subsection (5A) insert—
“(5B)
A registration officer may, for the purpose of obtaining any information
relevant to a determination under subsection (5)(b) above, make such
house to house inquiries as he thinks fit.”
35
(7)
In section 15 of that Act (service declaration), after subsection (2)(a) insert—
“(aa)
the registration officer determines in accordance with
regulations that the person was not entitled to be registered,”.
(8)
In section 56 of that Act (registration appeals), after subsection (1)(a) insert—
“(aa)
from any decision under this Act of the registration officer
40
(other than on an application for registration or objection to a
person’s registration) that a person registered in respect of any
address was not entitled to be registered in respect of that
address or that he has ceased to be resident at that address or

Electoral Administration Bill
Part 3 — Anti-fraud measures
11

has otherwise ceased to satisfy the conditions for registration
set out in section 4 above,”.
(9)
In section 2 of the Representation of the People Act 1985 (c. 50) (registration of
British citizens overseas), after subsection (2)(a) insert—
“(aa)
the registration officer determines in accordance with
5
regulations that the person was not entitled to be registered,”.
Part 3
Anti-fraud measures
13
Registration: personal identifiers
(1)
The 1983 Act is amended as follows.
10
(2)
In section 10 (maintenance of registers: annual canvass), for subsections (4A)
and (4B) substitute—
“(4A)
The information to be obtained by the use of such a form for the
purposes of a canvass includes the personal identifiers in respect of
each of the persons in relation to whom the form is completed.
15
(4B)
The power in subsection (4) above to prescribe a form includes power
to give effect to the requirements of subsection (4A).
(4C)
The Secretary of State may by regulations make provision dispensing
with the requirement to provide personal identifiers for the purposes of
a prescribed canvass.”
20
(3)
In section 10A (maintenance of the registers: registration of electors), for
subsections (1A) and (1B) substitute—
“(1A)
An application for registration in respect of an address shall include the
personal identifiers in respect of each of the persons to whom the
application relates.
25
(1B)
The power in subsection (1) above to prescribe requirements includes
power to give effect to the requirements of subsection (1A).”
(4)
In section 13A (alteration of registers), for subsections (2A) and (2B)
substitute—
“(2A)
An application for registration under subsection (1)(a) above in respect
30
of an address shall include the personal identifiers in respect of each of
the persons to whom the application relates.
(2B)
The power in subsection (1)(a) above to prescribe requirements
includes power to give effect to the requirements of subsection (2A).”
(5)
In Schedule 1, in rule 40 (tendered ballot papers)—
35
(a)
after paragraph (1ZE) (inserted by section 38(2) below) insert—
  “(1ZF)
A person to whom a ballot paper is not delivered under
paragraph (2) of rule 35 following his unsatisfactory answer
to the question at entry 1(c) in the table in paragraph (1) of
that rule shall, if he satisfactorily answers any other questions
40
permitted by law to be asked at the poll, nevertheless be
entitled, subject to the following provisions of this rule, to

Electoral Administration Bill
Part 3 — Anti-fraud measures
12

mark a ballot paper (in these rules referred to as “a tendered
ballot paper”) in the same manner as any other voter.”;
(b)
omit sub-paragraph (a) of paragraph (1B).
(6)
In that Schedule, in rule 45 (the count)—
(a)
in paragraph (1B) after sub-paragraph (b) insert—
5
“(c)
in the case of an elector, the postal voting statement
also states the date of birth of the elector and the
returning officer is satisfied that the date stated
corresponds with the date supplied as the date of the
elector’s birth pursuant to section 10(4A), 10A(1A) or
10
13A(2A) of this Act.”;
(b)
in paragraph (2)(b), for “10(4A)(b), 10A(1A)(b) or 13A(2A)(b)”
substitute “10(4A), 10A(1A) or 13A(2A)”;
(c)
for paragraph (2A) substitute—
   “(2A)
In the case of an elector, unless section 13E(4) of this Act
15
applies, the following documents shall be taken not to be
duly signed unless the returning officer is satisfied that the
signature on the document corresponds with the signature
supplied as the elector’s signature pursuant to section
10(4A), 10A(1A) or 13A(2A) of this Act—
20
(a)
in England, Wales or Scotland, the postal voting
statement referred to in paragraph (1B);
(b)
in Northern Ireland, the declaration of identity
referred to in paragraph (2).”
14
Personal identifiers
25
(1)
After section 13D of the 1983 Act (offences relating to provision of information)
insert—
“13E
Personal identifiers
(1)
In this section and in sections 10, 10A and 13A above a reference to a
personal identifier must be construed in accordance with subsections
30
(2) and (3) below.
(2)
In relation to England and Wales and Scotland these are personal
identifiers—
(a)
a person’s signature;
(b)
his date of birth;
35
(c)
such other information relating to him as is prescribed.
(3)
In relation to Northern Ireland these are personal identifiers—
(a)
a person’s signature;
(b)
his date of birth;
(c)
his national insurance number or a statement that he does not
40
have one;
(d)
an appropriate statement of residence;
(e)
any address in the United Kingdom in respect of which he is or
has applied to be registered (other than the address in respect of
which the form is completed).
45