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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).

 
 

 

 
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