06193.1-7

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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LORDS amendments to the
Electoral Administration Bill
[The page and line references are to HL Bill 58, the bill as first printed for the Lords.]
Clause 2
1
Page 2, line 39, leave out subsection (3) and insert—

“( )
A CORE scheme may make such modifications of the regulations

mentioned in subsection (2) in their application to a CORE keeper or the

information kept by him as the Secretary of State thinks appropriate.”
2
Page 3, line 18, after “same” insert “redirection”
3
Page 3, line 20, after “once” insert “(other than as proxy)”
4
Page 3, line 45, at end insert—

“(13)
A redirection address is an address in respect of which the person is not

registered.”
Clause 9
5
Page 6, line 22, leave out “more than one occasion” and insert “one or more

occasions”
After Clause 12
6
Insert the following new Clause—

“Registration in pursuance of service declaration

(1)
In section 15 of the 1983 Act (service declaration), after subsection (8)

insert—

“(9)
The Secretary of State may by order provide that, in relation to the

persons mentioned in section 14(1)(a) and (d), subsection (2)(a)

above has effect as if for the period of 12 months there were

substituted such other period (not exceeding five years) as he thinks

appropriate.

Bill 193 54/1

2

(10)
The power to make an order under subsection (9) is exercisable by

statutory instrument, which may contain such incidental or

consequential provision as the Secretary of State thinks

appropriate.

(11)
No order may be made under subsection (9) unless—

(a)
the Secretary of State first consults the Electoral

Commission, and

(b)
a draft of the instrument containing the order is laid before,

and approved by a resolution of, each House of Parliament.

(12)
If the period substituted by an order under subsection (9) is longer

than the period for the time being in force, the longer period has

effect in relation to any person who immediately before the order

was made was entitled to remain in a register by virtue of

subsection (2).”

(2)
In section 59 of that Act (supplemental provisions as to members of forces

and service voters), for subsection (3) substitute—

“(3)
Arrangements must be made by the appropriate government

department for securing that every person having a service

qualification by virtue of paragraph (a) or (b) of section 14(1) above

has (so far as circumstances permit) an effective opportunity of

exercising from time to time as occasion may require the rights

conferred on him by this Act in relation to—

(a)
registration in a register of electors (and in particular in

relation to the making and cancellation of service

declarations);

(b)
the making and cancellation of appointments of a proxy;

(c)
voting in person, by post or by proxy.

(3A)
Arrangements must be made by the appropriate government

department for securing that such person receives such instructions

as to the effect of this Act and any regulations made under it, and

such other assistance, as may be reasonably sufficient in connection

with the exercise by that person and any spouse or civil partner of

that person of any rights conferred on them as mentioned above.

(3B)
In subsections (3) and (3A) “the appropriate government

department” means, in relation to members of the forces, the

Ministry of Defence, and in relation to any other person means the

government department under which he is employed in the

employment giving the service qualification.

(3C)
The Ministry of Defence must maintain, in relation to each member

of the forces who provides information relating to his registration

as an elector, a record of such information.

(3D)
The Ministry of Defence must make arrangements to enable each

member of the forces to update annually the information recorded

under subsection (3C).”

(3)
In section 59(4) of that Act, for “subsection (3)” substitute “subsections (3)

and (3A)”.”

3

Before Clause 13
7
Insert the following new Clause—

“Absent voting: personal identifiers

(1)
In paragraph 3 of Schedule 4 to the Representation of the People Act 2000

(application for absent vote for definite or indefinite period)—

(a)
in sub-paragraph (1)(b), after “application” insert “contains the

applicant’s signature and date of birth and”;

(b)
in sub-paragraph (2)(c), after “application” insert “contains the

applicant’s signature and date of birth and”;

(c)
after sub-paragraph (7) insert—

  “(8)
The registration officer may dispense with the

requirement under sub-paragraph (1)(b) or (2)(c) for the

applicant to provide a signature if he is satisfied that the

applicant is unable—

(a)
to provide a signature because of any disability

the applicant has,

(b)
to provide a signature because the applicant is

unable to read or write, or

(c)
to sign in a consistent and distinctive way because

of any such disability or inability.

      (9)
The registration officer must also keep a record in relation

to those whose applications under this paragraph have

been granted showing—

(a)
their dates of birth;

(b)
except in cases where the registration officer in

pursuance of sub-paragraph (8) has dispensed

with the requirement to provide a signature, their

signatures.

    (10)
The record kept under sub-paragraph (9) must be

retained by the registration officer for the prescribed

period.”

(2)
In paragraph 4 of that Schedule (application for absent vote at particular

election)—

(a)
in sub-paragraph (1)(b), after “application” insert “contains the

applicant’s signature and date of birth and”;

(b)
in sub-paragraph (2)(c), after “application” insert “contains the

applicant’s signature and date of birth and”;

(c)
after sub-paragraph (4) insert—

  “(5)
The registration officer may dispense with the

requirement under sub-paragraph (1)(b) or (2)(c) for the

applicant to provide a signature if he is satisfied that the

applicant is unable—

(a)
to provide a signature because of any disability

the applicant has,

(b)
to provide a signature because the applicant is

unable to read or write, or

(c)
to sign in a consistent and distinctive way because

of any such disability or inability.

4

      (6)
The registration officer must keep a record of those whose

applications under this paragraph have been granted

showing—

(a)
their dates of birth;

(b)
except in cases where the registration officer in

pursuance of sub-paragraph (5) has dispensed

with the requirement to provide a signature, their

signatures.”

      (7)
The record kept under sub-paragraph (6) must be

retained by the registration officer for the prescribed

period.”

(3)
In paragraph 7 of that Schedule (application for proxy postal vote)—

(a)
in sub-paragraph (5)(c), after “application” insert “contains the

applicant’s signature and date of birth and”;

(b)
after sub-paragraph (10) (as inserted by section 38(6)(b) of this Act)

insert—

“(11)
The registration officer may dispense with the

requirement under sub-paragraph (5)(c) for the applicant

to provide a signature if he is satisfied that the applicant

is unable—

(a)
to provide a signature because of any disability

the applicant has,

(b)
to provide a signature because the applicant is

unable to read or write, or

(c)
to sign in a consistent and distinctive way because

of any such disability or inability.”

    (12)
The registration officer must also keep a record in relation

to those whose applications under sub-paragraph (4)(a)

or (b) have been granted showing—

(a)
their dates of birth;

(b)
except in cases where the registration officer in

pursuance of sub-paragraph (11) has dispensed

with the requirement to provide a signature, their

signatures.

    (13)
The record kept under sub-paragraph (12) must be

retained by the registration officer for the prescribed

period.”

(4)
After paragraph 7 of that Schedule insert—

“Provision of fresh signatures

7A  (1)
A person who remains on the record kept under paragraph 3(4)

or 7(6) may, at any time, provide the registration officer with a

fresh signature.

      (2)
Anything required or authorised to be done for the purposes of

any enactment in relation to a signature required to be provided

in pursuance of this Schedule must be done in relation to a

signature provided as mentioned in sub-paragraph (1) instead of

in relation to a signature provided on any earlier occasion.

5

7B
Regulations may make provision as to—

(a)
circumstances in which a registration officer may require

a person who remains on the record kept under

paragraph 3(4) or 7(6) to provide a fresh signature;

(b)
the consequences of a person refusing or failing to

comply with a requirement to provide a fresh signature.

Use of personal identifier information

7C
The registration officer must either —

(a)
provide the returning officer for an election with a copy

of the information contained in records kept by the

registration officer in pursuance of paragraphs 3(9), 4(6)

and 7(12) in relation to electors at the election, or

(b)
give the returning officer access to such information.

7D
Information contained in records kept by a registration officer in

pursuance of paragraph 3(9), 4(6) or 7(12) may be disclosed by

him (subject to any prescribed conditions) to—

(a)
any other registration officer if he thinks that to do so will

assist the other registration officer in the performance of

his duties;

(b)
any person exercising functions in relation to the

preparation or conduct of legal proceedings under the

Representation of the People Acts;

(c)
such other persons for such other purposes relating to

elections as may be prescribed.”

(5)
The Secretary of State may by regulations make provision—

(a)
enabling the registration officer to require an existing absent voter

to provide the registration officer with a signature and date of birth;

(b)
as to the consequences of an existing absent voter refusing or failing

in such circumstances as are prescribed to provide a signature and

date of birth.

(6)
An existing absent voter is a person whose application under any of the

following provisions of that Schedule has been granted before this section

comes into force—

paragraph 3(1) or (2);

paragraph 4(1) or (2);

paragraph 7(4).

(7)
The regulations—

(a)
may make different provision for different purposes;

(b)
must be made by statutory instrument subject to annulment in

pursuance of a resolution of either House of Parliament.

(8)
Nothing in this section or the amendments made by it has effect in relation

to anything which is done only for the purposes of a local government

election in Scotland.”
8
Insert the following new Clause—

“Registration: personal identifiers

(1)
The 1983 Act is amended as follows.

6

(2)
In section 10 (maintenance of registers: annual canvass), after subsection (4)

insert—

“(4A)
Subject to subsection (4B) below, the information to be obtained by

the use of such a form for the purpose of a canvass shall include—

(a)
the signature of each of the persons in relation to whom the

form is completed, and

(b)
the date of birth of each such person.

(4B)
The Chief Electoral Officer may dispense with the requirement

mentioned in subsection (4A)(a) above in relation to any person if

he is satisfied that it is not reasonably practicable for that person to

sign in a consistent and distinctive way because of any incapability

of his or because he is unable to read.”

(3)
In section 10A (maintenance of registers: registration of electors)—

(a)
after subsection (1B) insert—

“(1C)
Subject to subsection (1D) below, an application for

registration in respect of an address in England, Scotland or

Wales shall include—

(a)
the signature of each of the persons to whom the

application relates, and

(b)
the date of birth of each such person.

(1D)
The Chief Electoral Officer may dispense with the

requirement mentioned in subsection (4A)(a) above in

relation to any person if he is satisfied that it is not

reasonably practicable for that person to sign in a consistent

and distinctive way because of any incapability of his or

because he is unable to read.”;

(b)
in subsection (5), at the beginning insert “Subject to subsection (5A)

below,”;

(c)
after subsection (5) insert—

“(5A)
A person’s name is to be removed from the register in

respect of any address if—

(a)
the form mentioned in section 10(4) above in respect

of that address does not include all the information

relating to him required by section 10(4A) above; or

(b)
the registration officer determines that he is not

satisfied with the information relating to that person

which was included in that form pursuant to that

requirement.”;

(d)
in subsection (6), after “above” insert “or his name is to be removed

from it by virtue of subsection (5A) above,”; and

(e)
in subsection (8), after “5” insert “, (5A)”.

(4)
In section 13A (alteration of registers), after subsection (2B) insert—

“(2C)
Subject to subsection (2D) below, an application for registration

under subsection (1)(a) above in respect of an address in the United

Kingdom shall include—

(a)
the signature of each of the persons to whom the application

relates, and

(b)
the date of birth of each such person.

7

(2D)
The Chief Electoral Officer may dispense with the requirement

mentioned in subsection (4A)(a) above in relation to any person if

he is satisfied that it is not reasonably practicable for that person to

sign in a consistent and distinctive way because of any incapability

of his or because he is unable to read.””
Clause 13
9
Leave out Clause 13
Clause 14
10
Leave out Clause 14
Clause 15
11
Leave out Clause 15
Clause 16
12
Leave out Clause 16
Clause 17
13
Leave out Clause 17
Clause 18
14
Leave out Clause 18
Clause 19
15
Page 17, line 41, leave out subsection (4)
Clause 20
16
Page 18, leave out lines 38 and 39 and insert “1 of the Local Governance (Scotland)

Act 2004) is to be divided into two or more separate polling districts.”
Clause 27
17
Page 27, line 2, at end insert “, or”
18
Page 27, line 5, leave out from “relates” to end of line 8
Clause 29
19
Page 31, line 14, leave out ““during the relevant period”” and insert ““after he

becomes a candidate at that election””
20
Page 31, line 35, leave out from beginning to end of line 16 on page 32 and insert—

““(8)
For the purposes of subsection (1), expenditure incurred before the date

when a person becomes a candidate at the election is to be treated as having

been incurred after that date if it is incurred in connection with any thing

which is used or takes place after that date.””