Electoral Administration Bill

House of Commons

Session 2005 - 06
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Electoral Administration Bill

Electoral Administration Bill
Schedule 1 — Amendments
Part 6 — Miscellaneous
95

Control of documents after parliamentary election: Northern Ireland
85    (1)
Schedule 1 (parliamentary elections rules) is amended as follows.
      (2)
In rule 55 (delivery of documents after poll) after paragraph (1A) (inserted
by section 41(3)(b)) insert—
   “(1B)
Paragraph (1)(e) does not apply to an election for a constituency in
5
Northern Ireland, but the returning officer shall endorse on each
packet containing—
(a)
marked copies of the registers,
(b)
the postal voters list,
(c)
the proxy postal voters list, and
10
(d)
lists of proxies,

a description of its contents, the date of the election to which it
relates and the name of the constituency for which the election was
held.”
      (3)
In rule 57 (retention and public inspection of documents) after paragraph (1)
15
insert—
   “(1A)
The Chief Electoral Officer for Northern Ireland shall retain for a
year the documents mentioned in rule 55(1B), and then, unless
otherwise directed by order of the House of Commons or the High
Court, shall cause them to be destroyed.”
20
      (4)
This paragraph extends only to Northern Ireland.
Local government elections in Scotland
86
The amendments made by paragraphs 67(3), 68, 76 and 84 do not apply to a
local government election in Scotland.
Part 6
25
Miscellaneous
The Family Law Reform Act 1969 (c. 46)
87
In Schedule 2 to the Family Law Reform Act 1969 (provisions unaffected by
section 1 to that Act), in paragraph 2, the words “section 7 of the
Parliamentary Elections Act 1695” are omitted.
30
The 1983 Act
88
The 1983 Act is amended in accordance with paragraphs 89 to 113.
89
In section 31(2) (polling districts at local government elections in Scotland),
for “section 18” substitute “section 18A”.
90
In section 53 (power to make regulations as to registration etc.), after
35
subsection (3) insert—
“(4)
Provision may also be made by regulations—
(a)
for the supply of any such record or special list as is
mentioned in subsection (1) above to such persons as are
prescribed;
40

Electoral Administration Bill
Schedule 1 — Amendments
Part 6 — Miscellaneous
96

(b)
with respect to any conditions subject to which the supply is
made;
(c)
making it an offence (punishable on summary conviction by
a fine not exceeding level 5 on the standard scale) for a person
to fail to comply with any such condition.”
5
91
In section 58 (registration appeals: Northern Ireland), in subsection (1), after
“except” insert “subsection (1)(aa) and (ab),”.
92
In section 73 (payment of expenses through election agent), in subsection
(5)(d) for “section 90A(5)(b)” substitute “section 90ZA(8)”.
93    (1)
In section 74A (expenses incurred otherwise than for election purposes) is
10
amended as follows.
      (2)
In subsection (1)(b) for “section 90A(1)” substitute “section 90ZA(1)”.
      (3)
In subsection (2) omit “(determined in accordance with section 90B below)”.
      (4)
In subsection (3) for “sections 90A to” substitute “sections 90ZA and”.
94
In section 75 (prohibition of expenses not authorised by election agent), for
15
subsection (4) substitute—
“(4)
A copy of every return and declaration made under subsection (2)
above in relation to a parliamentary election in England, Wales or
Northern Ireland must be sent to the relevant officer within 21 days
after the day on which the result of the declaration is declared by the
20
person making the return or declaration.
(4A)
The relevant officer is—
(a)
in relation to England and Wales, the returning officer;
(b)
in relation to Northern Ireland, the Clerk of the Crown for
Northern Ireland.
25
(4B)
The returning officer must forward to the relevant registration
officer (within the meaning of rule 55 of the parliamentary elections
rules) every document sent to him in pursuance of subsection (4)
above.
(4C)
Rule 57 of those rules applies to any documents sent under this
30
section to—
(a)
the relevant registration officer, or
(b)
the Clerk of the Crown for Northern Ireland.”
95
In section 81(9) (returns as to election expenses)—
(a)
for “subsection (3)” substitute “subsection (3A)”, and
35
(b)
the words “of each such matter” are omitted.
96
In section 89(1A) (inspection of return containing statement of donations),
for “section 81(3)(e) above” substitute “paragraph 10 of Schedule 2A to this
Act”.
97
In section 90 (election expenses at elections where election agent not
40
required), in subsection (1)(a) for “sections 90A(5)” substitute “sections
90ZA(7)”.

Electoral Administration Bill
Schedule 1 — Amendments
Part 6 — Miscellaneous
97

98
In section 90C (property, goods and services provided free or at a discount),
in subsection (2) for “section 90A(3) above” substitute “Part 2 of Schedule 4A
to this Act”.
99    (1)
Section 90D (modification of election expenses provisions relating to
election of London Assembly members) is amended as follows.
5
      (2)
In the title, for “sections 90A to” substitute “sections 90ZA and”.
      (3)
In subsection (1) for “Sections 90A to” substitute “Sections 90ZA and”.
      (4)
In subsection (2)(b) for “section 90A(4)” substitute “section 90ZA(4)”.
      (5)
In subsection (3)—
(a)
for “section 90A” substitute “section 90ZA”;
10
(b)
for “subsection (5)” substitute “subsection (9)”;
(c)
the substituted subsection there set out is renumbered as subsection
(9).
100
In section 118 (interpretation of Part 2), in the definition of “election
expenses” for “sections 90A” substitute “sections 90ZA”.
15
101   (1)
Section 160 (persons reported personally guilty of corrupt or illegal
practices) is amended as follows.
      (2)
In subsection (4A) after “section 60” insert “or 62A”.
      (3)
In subsection (5A) after “Subject” insert “to subsection (5B) below and”.
      (4)
After subsection (5A) insert—
20
“(5B)
Subsection (5A) above, in its application to a candidate or other
person reported personally guilty of a corrupt practice under section
62A above, has effect as if the references in it to public office did not
include references to the office of councillor for a local government
area in Scotland.”
25
102
In section 168 (prosecutions for corrupt practice), in subsection (1)(a)(i) after
“section 60” insert “or 62A”.
103
In section 173 (incapacities on conviction of corrupt or illegal practice), in
subsection (2) after “section 60” insert “or 62A”.
104   (1)
Section 173A (incapacity to hold public or judicial office in Scotland) is
30
amended as follows.
      (2)
In subsection (1) after “Subject” insert “to subsection (3) and”.
      (3)
After subsection (2) insert—
“(3)
Subsection (1) above, in its application to a person convicted of a
corrupt practice under section 62A above, has effect as if the
35
references in it to public office did not include references to the office
of councillor for a local government area in Scotland.”
105
In section 187 (application of Act to certain local elections) in subsection
(1)(a) after “60” insert “, 62A”.
106
In section 191 (municipal elections in the City), in subsection (1)(a) for “and
40
61” substitute “, 61 and 62A”.

Electoral Administration Bill
Schedule 1 — Amendments
Part 6 — Miscellaneous
98

107
In section 193 (personation and other voting offences), in paragraph (a) for
“and 61” substitute “, 61 and 62A”.
108
In section 197 (candidate’s expenses: ward, and liverymen in common hall,
elections), in subsection (3) for the words from “An order under this
subsection” to the end substitute—
5

“The power to make an order under this subsection is exercisable by
statutory instrument which shall be subject to annulment in
pursuance of a resolution of either House of Parliament.”
109   (1)
Section 202(1) (general interpretation) is amended as follows.
      (2)
Omit the definition of “absent voters list”.
10
      (3)
After the definition of “parliamentary election petition” insert—
““the postal voters list” means—
(a)
in relation to England and Wales and Scotland, the list
of persons kept in pursuance of paragraph 5(2) of
Schedule 4 to the Representation of the People Act
15
2000 (persons whose applications to vote by post have
been granted);
(b)
in relation to Northern Ireland, the list of persons kept
in pursuance of section 7(4)(a) of the Representation
of the People Act 1985 (persons whose applications to
20
vote by post have been granted);
“the proxy postal voters list” means—
(a)
in relation to England and Wales and Scotland, the list
of persons kept in pursuance of paragraph 7(8) of
Schedule 4 to the Representation of the People Act
25
2000 (persons whose applications to vote by post as
proxy have been granted);
(b)
in relation to Northern Ireland, the list of persons kept
in pursuance of section 9(9) of the Representation of
the People Act 1985 (persons whose applications to
30
vote by post as proxy have been granted).”
110   (1)
Rule 6A of Schedule 1 (nomination papers: registered political parties) is
amended as follows.
      (2)
In paragraph (1) for “voters” substitute “electors”.
      (3)
In paragraph (2) after “paragraph (1)” insert “or (1B)”.
35
111
In rule 12(3A) of that Schedule (decisions as to validity of nomination
papers) after “rule 6A(1)” insert “or (1B) or 6B”.
112
In rule 14(5) of that Schedule (statement of persons nominated: documents
to be sent to Electoral Commission) after “rule 6A” insert “(1) or (1B)”.
113
For rule 36 of that Schedule (challenge of voter) substitute—
40
“36
A person shall not be prevented from voting by reason only that—
(a)
a candidate or his election or polling agent declares that he
has reasonable cause to believe that the person has
committed an offence of personation, or

Electoral Administration Bill
Schedule 1 — Amendments
Part 6 — Miscellaneous
99

(b)
the person is arrested on the grounds that he is suspected
of committing or of being about to commit such an
offence.”
The Representation of the People Act 1985 (c. 50)
114   (1)
Schedule 1 to the Representation of the People Act 1985 (special polling
5
stations in Northern Ireland) is amended as follows.
      (2)
In paragraph 1(6) (right to vote at special polling stations) for “section 18”
substitute “section 18A”.
      (3)
Paragraph 7(2) (application of rules regarding ballot papers after election) is
omitted.
10
The Caldey Island Act 1990 (c. 44)
115
In section 4(1) of the Caldey Island Act 1990 (savings) for “sections 18”
substitute “sections 18A”.
The Representation of the People Act 2000 (c. 2)
116   (1)
Schedule 4 to the Representation of the People Act 2000 (absent voting in
15
Great Britain) is amended as follows.
      (2)
In paragraph 1(1) omit the definition of “absent voters list”.
      (3)
In paragraph 2—
(a)
in sub-paragraph (7), for the words from “if he is shown” to “as so
entitled” substitute “if sub-paragraph (8) or (9) (as the case may be)
20
applies to him in relation to the election”;
(b)
after sub-paragraph (7) insert—
    “(8)
This sub-paragraph applies to a person who is shown in
the postal voters list mentioned in paragraph 5(2) below as
entitled to vote by post at an election.
25
      (9)
This sub-paragraph applies to a person who is shown in
the list of proxies mentioned in paragraph 5(3) below as
entitled to vote by proxy at an election.”
      (4)
In paragraph 5(1) for “a special list (“the absent voters list”) consisting of the
two” substitute “the two special”.
30
      (5)
In paragraph 5(2) after “list” insert “(“the postal voters list”)”.
      (6)
In paragraph 7(8) after “list” insert “(“the proxy postal voters list”)”.
The 2000 Act
117
The 2000 Act is amended as follows.
118
In section 22 (parties to be registered in order to field candidates), in
35
subsection (3)(a)(i), after “Independent” insert “or, in the case of an election
in Wales, “Independent” or “Annibynnwr””.
119
In section 29 (registration of party emblems), in subsection (2) after

Electoral Administration Bill
Schedule 2 — Repeals
100

paragraph (c) insert—
“(ca)
would 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
5
(ii)
to contradict, or hinder an elector’s understanding of,
any directions for his guidance in voting given on the
ballot paper or elsewhere,”.
120   (1)
Section 34 (registration of minor parties) is amended as follows.
      (2)
In subsection (3) for “three months” substitute “six months”.
10
      (3)
In subsection (8), in paragraph (c)(i), after “sections 28(4) to (8)” insert “,
28A”.
121
In section 52 (payments, services etc. not to be regarded as donations), in
subsection (2)(b) omit “except for the purposes of section 68,”.
122
In section 55(2) (payments from public funds to be treated as donations
15
received from a permissible donor), for “section 52(1)(a) and (b)” substitute
“section 52(1)(b)”.
123
In section 69 (register of recordable donations)—
(a)
omit subsection (3), and
(b)
in each of subsections (4) and (5), omit “or (3)”.
20
124   (1)
Schedule 7 (donations to individuals and members associations by donors)
is amended as follows.
      (2)
In paragraph 4(3)(b), omit the words “except for the purposes of paragraph
14,”.
      (3)
Omit Part 4 (reporting of donations by donors).
25
      (4)
In paragraph 15 (register of recordable donations), omit sub-paragraph
(3)(b).
125
In Schedule 20 (penalties), omit the entries relating to section 68(5) and
paragraph 14(5) of Schedule 7.
Schedule 2
30
Section 68(2)

Repeals

Short title and chapter
Extent of repeal

Parliamentary Elections Act
Section 7.

1695 (c. 25)

Election Act 1707 (cap. 8)
The whole Act.

35

Parliamentary Elections
Section 74.

(Ireland) Act 1823 (c. 55)

Electoral Law Act (Northern
In Schedule 5, in rule 2 the words “Maundy

Ireland) 1962 (C. 14)
Thursday”.

Electoral Administration Bill
Schedule 2 — Repeals
101

Short title and chapter
Extent of repeal

Electoral Law Act (Northern
In Schedule 5, in the Appendix to the rules—

Ireland) 1962 (C. 14)—cont.
(a)
in the Form of Front of Ballot Paper, the

words “Counterfoil No. The counterfoil

is to have a number to correspond with

5

that on the back of the ballot paper”

(b)
in the Directions as to printing the ballot

paper, paragraph 3(e)

(c)
in the Declaration of identity Front of

form the words “Ballot Paper No........”

10

(d)
in the Directions for the guidance of

voters in voting, paragraph 1 and in

paragraph 6 the words “holding the

paper so that the presiding officer can

see the official mark on the back of it”.

15

Family Law Reform Act 1969
In Schedule 2, in paragraph 2, the words

(c. 46)
“section 7 of the Parliamentary Elections Act

1695”.

British Nationality Act 1981
In Schedule 7, the entry relating to the Act of

(c. 61)
Settlement.

20

Representation of the People
Section 9(6).

Act 1983 (c. 2)
In section 10A(5), the words “the name of” and

“duly”.

Section 18.

Section 29(4), (4A) and (4B).

25

In section 40(1), the words “Maundy

Thursday,”.

In section 74A(2), the words “(determined in

accordance with section 90B below)”.

In section 75(1), the words from “paragraph (c)

30

or (d) of” to the end.

In section 81, subsection (3) and in subsection

(9), the words “of each such matter”.

Sections 90A and 90B.

In section 119(2), the words “Maundy

35

Thursday,”.

In section 202(1), the definition of “absent voters

list”.

In Schedule 1, in rule 2(1)(b) the words

“Maundy Thursday,”.

40

In Schedule 1, rule 19(2)(d).

In Schedule 1, rule 29(3)(b).

In Schedule 1, rule 37(1)(a).

In Schedule 1, rule 40(1B)(a).

In Schedule 1, in rule 43(1)(e), the words “the

45

counterfoils of the used ballot papers and”.

In Schedule 1, rule 44(3).

In Schedule 1, in rule 45(1B)(b), the words “and

authenticated”.

In Schedule 1, in rule 55—

50

(a)
in paragraph (1)(d), the words

“counterfoils and”

(b)
paragraphs (2) to (4).