Northern Ireland (Miscellaneous Provisions) Bill

House of Commons

Session 2005 - 06
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Northern Ireland (Miscellaneous Provisions) Bill

Northern Ireland (Miscellaneous Provisions) Bill
Part 1 — Registration of electors
1

A
Bill
To
Make provision about registration of electors and the Chief Electoral Officer
for Northern Ireland; to amend the Northern Ireland Act 1998; to make
provision about donations for political purposes; to extend the amnesty
period for arms decommissioning in Northern Ireland; and to make
miscellaneous amendments in the law relating to Northern Ireland.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Registration of electors
Anonymous registration
1
Power to make provision about anonymous registration
(1)
An Order in Council under section 84(1) of the 1998 Act (provision with respect
5
to certain electoral matters relating to Northern Ireland) which contains a
statement that it is made only for purposes corresponding, or similar, to those
of section 10 of the Electoral Administration Act 2006 (anonymous registration)
may make provision for Northern Ireland for such purposes in relation to—
(a)
parliamentary elections, and
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(b)
elections in respect of the Northern Ireland Assembly, the European
Parliament and district councils.
(2)
An Order made by virtue of subsection (1) may, if it appears to Her Majesty
necessary or expedient for the purposes of the Order—
(a)
amend the 1983 Act, the 2006 Act, this Act or any other Act (whenever
15
passed) or any Northern Ireland legislation (whenever passed or
made);
(b)
confer power to make provision with respect to any matter—
(i)
which relates to anonymous registration, and

Bill 131 54/1

Northern Ireland (Miscellaneous Provisions) Bill
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(ii)
with respect to which, under the 1983 Act, provision may be
made by regulations;
(c)
make transitional provision.
(3)
In this Part—
“the 1998 Act” means the Northern Ireland Act 1998 (c. 47), and
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“the 1983 Act” means the Representation of the People Act 1983 (c. 2).
Periodical canvass etc.
2
Abolition of annual canvass
(1)
Amend section 10 of the 1983 Act (maintenance of registers: annual canvass) as
follows.
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(2)
In subsection (1), after “registration officer” insert “in Great Britain”.
(3)
After subsection (1) insert—
“(1A)
The Chief Electoral Officer for Northern Ireland must conduct a
canvass in Northern Ireland in such years as are determined in
accordance with section 10ZA.”
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(4)
In subsection (2)—
(a)
for “for any year” substitute “under subsection (1) or (1A)”, and
(b)
for “that year” substitute “the year in which it is conducted”.
(5)
In the heading, for “annual canvass” substitute “duty to conduct canvass”.
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Timing of canvass
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After section 10 of the 1983 Act insert—
“10ZA
  Northern Ireland: timing of canvass
(1)
A canvass under section 10(1A) must be conducted in—
(a)
the year 2010, unless the Secretary of State makes an order
providing that the requirement in this paragraph does not
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apply;
(b)
every tenth year following 2010.
(2)
A canvass under section 10(1A) must be conducted in an intervening
year if—
(a)
on or before 15th April in that year, the Chief Electoral Officer
30
for Northern Ireland has made a recommendation in favour of
a canvass being conducted in that year for the purpose of
meeting the relevant registration objectives, and
(b)
the Secretary of State, having considered the recommendation,
has notified the Chief Electoral Officer that he is satisfied that
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the public interest requires a canvass to be conducted for that
purpose.
(3)
If no canvass under section 10(1A) is conducted before the end of 2015,
a canvass must be conducted in 2016.

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(4)
“Intervening year” means a year other than 2010, every tenth year
following 2010 and, if no canvass under section 10(1A) is conducted
before the end of 2015, 2016.
(5)
The Secretary of State may not make an order under subsection (1)(a)
unless—
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(a)
on or before 15th April 2010, the Chief Electoral Officer for
Northern Ireland has made a recommendation against a
canvass being conducted in the year 2010 for the purpose of
meeting the relevant registration objectives, and
(b)
the Secretary of State, having considered the recommendation,
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is satisfied that the public interest does not require a canvass to
be conducted for that purpose.
(6)
The power to make an order under subsection (1)(a) is exercisable by
statutory instrument.
(7)
No order is to be made under subsection (1)(a) unless a draft of the
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order has been laid before and approved by a resolution of each House
of Parliament.
(8)
“Recommendation” means a written recommendation to the Secretary
of State.”
4
The relevant registration objectives
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After section 10ZA of the 1983 Act insert—
“10ZB
  The relevant registration objectives (Northern Ireland)
(1)
The relevant registration objectives are to secure, so far as reasonably
practicable—
(a)
that every person who is entitled to be registered in a register is
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registered in it,
(b)
that no person who is not entitled to be registered in a register
is registered in it, and
(c)
that none of the required information relating to any person
registered in a register is false.
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(2)
But, in applying subsection (1), the registrations of the persons
mentioned in section 10(3) (registrations with which a canvass is not
concerned) must be disregarded.
(3)
“Register” means a register maintained by the Chief Electoral Officer
for Northern Ireland under section 9.
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(4)
“The required information” means the following (as appearing in the
register or other records of the Chief Electoral Officer)—
(a)
the person’s name;
(b)
the person’s qualifying address;
(c)
the person’s date of birth;
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(d)
subject to subsections (5) and (6), the person’s signature;
(e)
the person’s national insurance number or a statement that he
does not have one.
(5)
The required information does not include the person’s signature if—

Northern Ireland (Miscellaneous Provisions) Bill
Part 1 — Registration of electors
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(a)
the Chief Electoral Officer has dispensed with the requirement
to provide a signature, or
(b)
other evidence of identity is required (instead of a signature)
under a CORE scheme.
(6)
If under a CORE scheme other evidence is required instead of a
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signature, the required information includes that evidence.
(7)
“False”, in relation to a signature, means that the signature is not the
usual signature of, or was written by a person other than, the person
whose signature it purports to be.
(8)
“CORE scheme” has the same meaning as in Part 1 of the Electoral
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Administration Act 2006.”
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Publication and alteration of registers
(1)
In section 13 of the 1983 Act (publication of registers), for subsection (1)
substitute—
“(1)
Each registration officer must for each year publish a revised version of
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his registers—
(a)
if there is a canvass in his area in that year, during the period
starting with the end of the canvass in that year and ending with
1st December in that year or such later date as may be
prescribed, or
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(b)
if (in Northern Ireland) there is no canvass in that year, on 1st
December in that year or by such later date as may be
prescribed.”
(2)
In section 13A of the 1983 Act (alteration of registers), in subsection (3)(b), for
“section 13(1)” substitute “section 13(1)(a)”.
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Alteration of registers: pending elections
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Alteration of registers: pending elections
(1)
In section 13B of the 1983 Act (alteration of registers: pending elections), in
subsection (4)—
(a)
at the end of paragraph (a), insert “in England, Wales or Scotland”,
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(b)
in paragraph (b), after “elections” insert “in England, Wales or
Scotland”,
(c)
at the end of paragraph (d), insert “and”, and
(d)
omit paragraph (e).
(2)
After section 13B of the 1983 Act insert—
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“13BA
  Alteration of registers in Northern Ireland: pending elections
(1)
An alteration in a published version of a register of electors which takes
effect under section 13A(2) after the final nomination day in the case of
an election to which this section applies is of no effect for the purposes
of that election unless the alteration—
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(a)
is made in consequence of a decision or determination falling
within section 13A(1)(c) or (d), and

Northern Ireland (Miscellaneous Provisions) Bill
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(b)
takes effect on or before the fifth day before the date of the poll.
(2)
Subsection (3) applies if—
(a)
at any time before the appropriate publication date in the case
of an election to which this section applies, section 13A applies
to the Chief Electoral Officer for Northern Ireland (by virtue of
5
section 13A(1)) in connection with a determination or
requirement falling within section 13A(1)(a) or (b), and
(b)
no alteration made in consequence of that determination or
requirement—
(i)
has already taken effect, or
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(ii)
is due to take effect,

under section 13A(2) on or before the final nomination day.
(3)
If, no later than the prescribed date, the Chief Electoral Officer is
supplied with such additional material supporting the alteration as is
prescribed, he must, on the appropriate publication date, issue a notice
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specifying the appropriate alteration in the register.
(4)
But a person whose entitlement to vote at an election results from an
alteration under subsection (3)—
(a)
is not entitled as an elector to an absent vote at that election, and
(b)
must not be shown in the absent voters list kept for that election
20
under—
(i)
section 7 of the Representation of the People Act 1985, or
(ii)
regulation 9 of the European Parliamentary Elections
(Northern Ireland) Regulations 2004.
(5)
Subsection (6) applies if—
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(a)
at any time before the appropriate publication date in the case
of an election to which this section applies, section 13A applies
to the Chief Electoral Officer for Northern Ireland (by virtue of
section 13A(1)) in connection with a decision or determination
falling within section 13A(1)(c) or (d), and
30
(b)
no alteration made in consequence of that decision or
determination—
(i)
has already taken effect, or
(ii)
is due to take effect,

under section 13A(2) on or before the fifth day before the date
35
of the poll.
(6)
The Chief Electoral Officer must, on the appropriate publication date,
issue a notice specifying the appropriate alteration in the register.
(7)
Subsection (9) applies if—
(a)
at any time on or after the appropriate publication date in the
40
case of an election to which this section applies but before the
prescribed time on the day of the poll, section 13A applies to the
Chief Electoral Officer for Northern Ireland (by virtue of section
13A(1)), in connection with a notification mentioned in section
13A(1)(c), and
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(b)
in consequence of the notification—

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(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 needs to be altered.
(8)
Subsection (9) also applies if—
5
(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
prescribed time on the day of the poll, section 13A applies to the
Chief Electoral Officer for Northern Ireland (by virtue of section
13A(1)), in connection with a determination falling within
10
section 13A(1)(d),
(b)
the determination was made following a representation made
by or on behalf of a person to the Chief Electoral Officer, and
(c)
in consequence of the determination—
(i)
an entry relating to that person falls to be made in the
15
register in respect of an address in the relevant election
area, or
(ii)
his entry in the register needs to be altered.
(9)
The Chief Electoral Officer must, when—
(a)
he receives the notification referred to in subsection (7), or
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(b)
he makes the determination referred to in subsection (8),

issue a notice specifying the appropriate alteration in the register.
(10)
In subsection (8)(b), “representation” means a representation made in
accordance with prescribed requirements to the effect that the register
contains a clerical error.
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(11)
A notice under subsection (3), (6) or (9)—
(a)
is to be issued in prescribed manner, and
(b)
takes effect from the beginning of the day on which it is issued.
(12)
This section applies to—
(a)
parliamentary elections in Northern Ireland,
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(b)
elections in Northern Ireland to the European Parliament, and
(c)
elections to the Northern Ireland Assembly.
(13)
Subsections (5) and (6) of section 13B apply for the purposes of this
section as they apply for the purposes of that section.”
Data collection
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7
Data collection
(1)
Amend Schedule 2 to the 1983 Act (provisions which may be contained in
regulations as to registration etc.) as follows.
(2)
For paragraph 1(4A) and (4B) substitute—
   “(4A)
Provision authorising or requiring any such authority or person, for
40
the purpose mentioned in sub-paragraph (4B), to provide the Chief
Electoral Officer for Northern Ireland, at such times or in such
circumstances as may be prescribed, with information contained in
such records.

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     (4B)
The purpose is assisting the Chief Electoral Officer to meet the
relevant registration objectives, and, in particular, assisting him—
(a)
to ascertain to what extent the relevant registration objectives
are being met;
(b)
to determine what steps should be taken for meeting those
5
objectives.”
(3)
After paragraph 1(5) insert—
    “(6)
But provision made under sub-paragraph (4A) may not permit
information obtained under those provisions to be disclosed to a
third party except—
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(a)
for the purpose mentioned in sub-paragraph (4B);
(b)
for the purposes of any criminal or civil proceedings.
      (7)
In sub-paragraph (4A) “the relevant registration objectives” has the
meaning given by section 10ZB.
      (8)
In sub-paragraph (6) “third party” means a person other than a
15
person to whom the Chief Electoral Officer for Northern Ireland may
delegate his functions.”
(4)
After paragraph 11A(1) insert—
   “(1A)
Sub-paragraph (1) is subject to paragraph 1(6).”
(5)
After paragraph 13(1) insert—
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  “(1ZA)
Provisions making it an offence (punishable on summary conviction
by a fine not exceeding level 5 on the standard scale) for a person to
disclose information in contravention of paragraph 1(6).”
Part 2
The Chief Electoral Officer
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8
Tenure
(1)
The Chief Electoral Officer—
(a)
is appointed by the Secretary of State, and
(b)
subject to what follows, holds office in accordance with the terms of his
appointment (or re-appointment).
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(2)
A person must not be appointed as Chief Electoral Officer for more than 5 years
at a time.
(3)
The period for which a person holds office as Chief Electoral Officer must not
exceed 10 years.
(4)
The Chief Electoral Officer may resign by notice in writing to the Secretary of
35
State.
(5)
The Secretary of State may dismiss the Chief Electoral Officer if satisfied that—
(a)
he has without reasonable excuse failed to discharge his functions for a
continuous period of 3 months beginning not earlier than 6 months
before the day of dismissal,
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(b)
he has been convicted of an offence,