Electoral Administration Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 8 — Miscellaneous
69

the relevant officer or officers for the matters to which the assessment
relates.
(7)
Before publishing an assessment under subsection (4), the Commission
shall—
(a)
provide to each relevant officer a copy of those parts of the
5
assessment which relate to him;
(b)
have regard to any comments made by him regarding the
factual accuracy of the assessment.
9C
Provision of information about expenditure on elections etc.
(1)
The Commission may by notice in writing direct a relevant officer to
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provide the Commission with such expenditure information as may be
specified in the direction.
(2)
Expenditure information is information relating to—
(a)
in the case of an electoral registration officer, expenditure in
connection with the performance of his functions;
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(b)
in the case of a returning officer, expenditure in connection with
the election or elections specified in section 9A(6) for which he
is appointed or otherwise holds office;
(c)
in the case of a counting officer, expenditure in connection with
the referendum or referendums specified in section 9A(7) for
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which he is appointed.
(3)
A direction under subsection (1)—
(a)
may require the information to relate to such elections or (as the
case may be) referendums as may be specified in the direction;
(b)
may require the information to be provided in a form specified
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in the direction;
(c)
may specify the time within which the information must be
provided.
(4)
This section does not affect any other power of the Commission to
request information.”
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Funding of services and expenses of returning officers
(1)
Section 29 of the 1983 Act (payments by and to returning officer) is amended
as follows.
(2)
For subsections (3) to (4B) substitute—
“(3)
A returning officer shall be entitled to recover his charges in respect of
35
services rendered, or expenses incurred, for or in connection with a
parliamentary election if—
(a)
the services were necessarily rendered, or the expenses were
necessarily incurred, for the efficient and effective conduct of
the election; and
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(b)
the total of his charges does not exceed the amount (“the overall
maximum recoverable amount”) specified in, or determined in
accordance with, an order made by the Secretary of State for the
purposes of this subsection.

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(3A)
An order under subsection (3) may specify, or make provision for
determining in accordance with the order, a maximum recoverable
amount for services or expenses of any specified description and,
subject to subsection (3B) below, the returning officer may not recover
more than that amount in respect of any such services or expenses.
5
(3B)
The Secretary of State may, in a particular case, authorise the payment
of—
(a)
more than the overall maximum recoverable amount, or
(b)
more than the specified maximum recoverable amount for any
specified services or expenses,
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if he is satisfied that the conditions in subsection (3C) are met.
(3C)
The conditions referred to in subsection (3B) are—
(a)
that it was reasonable for the returning officer concerned to
render the services or incur the expenses, and
(b)
that the charges in question are reasonable.”
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(3)
In subsection (9), for “subsections (3) and (4)” substitute “subsection (3)”.
Encouraging electoral participation
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Encouraging electoral participation
(1)
A local electoral officer may take such steps as he thinks appropriate to
encourage the participation by electors in the electoral process in the area for
20
which he acts.
(2)
A local electoral officer must have regard to any guidance issued by the
Electoral Commission for the purposes of this section.
(3)
This section does not permit an electoral registration officer to undertake any
activity in relation to a local government election in Scotland unless the activity
25
relates to a matter falling within Section B3 (elections) of Schedule 5 to the
Scotland Act 1998 (reserved matters).
(4)
The Secretary of State may reimburse a local electoral officer in respect of any
expenditure incurred by the officer for the purposes of this section.
(5)
The amount paid under subsection (4) must not in any year exceed such
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amount as is determined in accordance with regulations made by the Secretary
of State.
(6)
The power to make regulations under subsection (5) is exercisable by statutory
instrument subject to annulment in pursuance of a resolution of either House
of Parliament.
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(7)
The regulations may make different provision for different purposes.
(8)
A local electoral officer is—
(a)
an electoral registration officer;
(b)
a returning officer for an election mentioned in subsection (9).
(9)
These are the elections—
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(a)
parliamentary elections;
(b)
local government elections in England and Wales and Northern
Ireland;

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Part 8 — Miscellaneous
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(c)
European Parliamentary elections;
(d)
elections to the Scottish Parliament;
(e)
elections to the Northern Ireland Assembly;
(f)
elections to the National Assembly for Wales.
(10)
References to a local government election must be construed in accordance
5
with the 1983 Act.
Criminal proceedings
66
Time limit for prosecutions
(1)
In section 176 of the 1983 Act (time limit for prosecution of offences) after
subsection (2) insert—
10
“(2A)
A magistrates’ court in England and Wales may act under subsection
(2B) if it is satisfied on an application by a constable or Crown
Prosecutor—
(a)
that there are exceptional circumstances which justify the
granting of the application, and
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(b)
that there has been no undue delay in the investigation of the
offence to which the application relates.
(2B)
The magistrates’ court may extend the time within which proceedings
must be commenced in pursuance of subsection (1) above to not more
than 24 months after the offence was committed.
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(2C)
If the magistrates’ court acts under subsection (2B), it may also make an
order under subsection (2D) if it is satisfied, on an application by a
constable or Crown Prosecutor, that documents retained by the
relevant registration officer in pursuance of rule 57 of the
parliamentary elections rules may provide evidence relating to the
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offence.
(2D)
An order under this subsection is an order—
(a)
directing the relevant registration officer not to cause the
documents to be destroyed at the expiry of the period of one
year mentioned in rule 57, and
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(b)
extending the period for which he is required to retain them
under that rule by such further period not exceeding 12 months
as is specified in the order.
(2E)
The making of an order under subsection (2D) does not affect any other
power to require the retention of the documents.
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(2F)
An application under this section must be made not more than one year
after the offence was committed.
(2G)
Any party to—
(a)
an application under subsection (2A), or
(b)
an application under subsection (2C),
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who is aggrieved by the refusal of the magistrates' court to act under
subsection (2B) or to make an order under subsection (2D) (as the case
may be) may appeal to the Crown Court.”

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Part 9 — General
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(2)
In Schedule 1 to that Act, in rule 57(1) (retention and public inspection of
documents) for “or the High Court” substitute “, the High Court, the Crown
Court or a magistrates’ court”.
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Restriction on powers of arrest by persons other than constables
Section 24A of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without
5
warrant: other persons) does not permit a person other than a constable to
arrest a person who commits or is suspected of committing an offence under
section 60 of the 1983 Act (personation) if the offence is committed or is
suspected of being committed inside a polling station.
Part 9
10
General
68
Miscellaneous amendments and repeals
(1)
Part 6 of Schedule 1 contains miscellaneous amendments.
(2)
Schedule 2 contains repeals.
69
Financial provision
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(1)
There shall be paid out of money provided by Parliament—
(a)
any expenses incurred by the Secretary of State in consequence of this
Act, and
(b)
any increase attributable to this Act in the sums which under any other
Act are payable out of money so provided.
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(2)
There shall be paid out of the Consolidated Fund any increase attributable to
this Act in the sums which under any other Act are payable out of that Fund.
70
Interpretation
(1)
“The 1983 Act” means the Representation of the People Act 1983 (c. 2).
(2)
“The 2000 Act” means the Political Parties, Elections and Referendums Act
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2000 (c. 41).
71
Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
(a)
section 1 (except subsections (2) and (5));
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(b)
section 2 (except subsections (2), (4) to (9) and (12));
(c)
section 3;
(d)
section 4;
(e)
section 5 (except subsection (10));
(f)
section 6;
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(g)
section 8;
(h)
section 15;
(i)
section 69;

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(j)
section 70;
(k)
this section;
(l)
section 72;
(m)
section 73.
(2)
Otherwise, this Act comes into force on such day as the Secretary of State may
5
by order made by statutory instrument appoint.
(3)
Different days may be appointed for different purposes.
(4)
An order under subsection (2) may make—
(a)
any supplementary, incidental or consequential provision, and
(b)
any transitory, transitional or saving provision,
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as the Secretary of State considers necessary or expedient in connection with
the order.
(5)
An order under subsection (2) made for the purposes of section 13 (except
subsection (5)) or section 14 (whether or not the order contains any other
provision) must not be made unless a draft of the instrument containing the
15
order is laid before and approved by a resolution of each House of Parliament.
72
Extent
(1)
Subject to subsections (2) to (5), the extent of any amendment or repeal made
by this Act is the same as that of the enactment amended or repealed.
(2)
The following provisions do not extend to Northern Ireland—
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(a)
sections 9, 10 and 11;
(b)
section 63;
(c)
section 66;
(d)
Parts 1 and 2 of Schedule 1.
(3)
Section 66 does not extend to Scotland.
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(4)
A repeal of an enactment by Schedule 2 which corresponds to a repeal of that
enactment by any other provision of this Act has the same extent as that other
provision.
(5)
The repeal in Schedule 2 relating to paragraph 86 of Schedule 4 to the
Representation of the People Act 1985 does not extend to Northern Ireland.
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73
Short title
This Act may be cited as the Electoral Administration Act 2006.