06193.8-13

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

8

Clause 31
21
Page 32, line 42, leave out “subsections (2) and (3)” and insert “subsection (2)”
22
Page 33, line 2, leave out “during the relevant period” and insert “after the date

when he becomes a candidate at the election”
23
Page 33, leave out lines 3 to 5
24
Page 33, leave out lines 12 to 29
25
Page 33, line 36, leave out “other than a by-election”
26
Page 33, line 40, leave out “and subsection (2) above”
Clause 33
27
Page 37, line 21, leave out from “may” to end of line 23 and insert “attend”
28
Page 37, line 29, leave out from beginning to end of line 1 on page 38
29
Page 38, line 3, leave out “subsection (5)” and insert “this section”
30
Page 38, line 26, leave out “apply for permission to”
31
Page 38, line 27, leave out from “any” to end of line 29 and insert “of the following”
32
Page 38, line 35, leave out from beginning to end of line 6 on page 39
33
Page 39, line 22, leave out from beginning to “attend” in line 31
34
Page 39, line 32, leave out “at the place in question”
35
Page 39, line 42, leave out from beginning to end of line 4 on page 40
36
Page 40, line 5, leave out “subsection (4)” and insert “this section”
37
Page 40, leave out lines 8 and 9
38
Page 40, line 18, leave out from “application” to “may” in line 33 and insert “the

organisation may nominate members who”
39
Page 40, line 34, leave out “at the place in question” and insert—

“( )
The Commission, in granting an application under this section, may

specify a limit on the number of observers nominated by the organisation

who may attend, at the same time, specified proceedings by virtue of this

section.”
40
Page 41, leave out lines 1 to 12
41
Page 41, line 13, leave out “subsection (4)” and insert “this section”
42
Page 41, leave out lines 15 and 16
43
Page 41, line 16, at end insert—

“6DA
Attendance and conduct of observers

(1)
A relevant officer may limit the number of persons who may be present at

any proceedings at the same time in pursuance of section 6C or 6D.

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(2)
If a person who is entitled to attend any proceedings by virtue of section 6C

or 6D misconducts himself while attending the proceedings, the relevant

officer may cancel the person’s entitlement.

(3)
Subsection (2) does not affect any power a relevant officer has by virtue of

any enactment or rule of law to remove a person from any place.

(4)
A relevant officer is—

(a)
in the case of proceedings at a polling station, the presiding officer;

(b)
in the case of any other proceedings at an election, the returning

officer;

(c)
in the case of any other proceedings at a referendum, the relevant

counting officer (within the meaning of section 6A);

(d)
such other person as a person mentioned in paragraph (a), (b) or (c)

authorises for the purposes of the proceedings mentioned in that

paragraph.”
44
Page 41, leave out lines 30 to 37 and insert—

“(c)
give guidance to relevant officers (within the meaning of section

6DA) as to the exercise of the power conferred by subsection (1) of

that section;

(d)
give guidance to such officers as to the exercise of the power

mentioned in subsection (2) of that section as it relates to a person

having the permission mentioned in subsection (1) of that section;

(da)
give guidance to such officers as to the exercise of any power under

any enactment to control the number of persons present at any

proceedings relating to an election or referendum as it relates to a

person having such permission;”
45
Page 42, line 4, leave out “or 6D” and insert “6D or 6DA”
46
Page 42, leave out line 7 and insert—

“(c)
relevant officers (within the meaning of section 6DA);”
Clause 35
47
Page 43, line 22, leave out “(da) (inserted by section 14(3)(b))” and insert “(d)”
48
Page 43, line 24, leave out “(db)” and insert “(da)”
49
Page 43, leave out line 35
After Clause 35
50
Insert the following new Clause—

“Photographs on ballot papers: piloting

(1)
This section applies if a local authority makes a proposal that an order be

made under subsection (2) applying to particular local government

elections held in its area.

(2)
The Secretary of State may by order (a pilot order) make provision for the

purposes of enabling ballot papers issued at such local government

elections as are specified in the order to contain photographs of the

candidates.

10

(3)
A pilot order may include such provision modifying or disapplying any

enactment as the Secretary of State thinks is necessary or expedient for the

purposes of the order.

(4)
The Secretary of State must not make a pilot order unless he first consults

the Electoral Commission.

(5)
A pilot order may make provision implementing the local authority’s

proposal—

(a)
without modification, or

(b)
with such modifications as the Secretary of State and the local

authority agree between them.

(6)
If the Secretary of State makes a pilot order—

(a)
he must send a copy of it to the local authority and to the Electoral

Commission, and

(b)
the local authority must publish the order in their area in such

manner as they think fit.

(7)
A pilot order may be amended or revoked by a further order.

(8)
The Secretary of State may reimburse a returning officer for any

expenditure necessarily incurred by him in consequence of the making of

a pilot order.

(9)
A local authority is—

(a)
in England, a county council, a district council, a London borough

council or the Greater London Authority;

(b)
in Wales, a county council or a county borough council.

(10)
In this section—

(a)
“local government election” must be construed in accordance with

section 203(1) of the 1983 Act;

(b)
a reference to the area of a local authority must be construed in

accordance with the definition of “local government area” in that

subsection.”
51
Insert the following new Clause—

“Evaluation of pilots under section (Photographs on ballot papers: piloting)

(1)
After any elections specified in a pilot order have taken place, the Electoral

Commission must prepare a report on the operation of the order.

(2)
The report must contain, in particular—

(a)
a description of the way in which the provision made by the order

differed from the provisions which would otherwise have applied

to the election or elections;

(b)
a copy of the order;

(c)
an assessment of the success or otherwise of the order in assisting

voters to make informed decisions at the election or elections in

question;

(d)
an assessment of the success or otherwise of the order in

encouraging voting at the election or elections in question;

(e)
an assessment of whether the procedures provided for in the order

operated satisfactorily.

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(3)
An assessment under subsection (2)(c) must include a statement of

whether, in the opinion of the Commission, the inclusion of photographs

on the ballot paper—

(a)
assisted voters in marking their papers with a vote for a candidate

(or with votes for candidates) for whom they had decided to vote

on grounds other than the candidates’ appearance;

(b)
resulted in voters being influenced (or more influenced) by the

appearance of candidates in deciding for whom to vote.

(4)
An assessment under subsection (2)(d) must include a statement of

whether, in the opinion of the Commission, the turnout of voters was

higher than it would have been if the order had not applied.

(5)
An assessment under subsection (2)(e) must include a statement of—

(a)
whether the candidates and their agents found the procedures

provided for in the order easy to use;

(b)
whether the returning officer found those procedures easy to

administer;

(c)
whether those procedures had any effect on the incidence of

malpractice (whether or not amounting to an offence) in connection

with elections;

(d)
the amount of any increase attributable to those procedures in the

resources applied by the authority concerned to the election or

elections.

(6)
In making an assessment under subsection (2)(c), (d) or (e), the

Commission must also apply such other criteria as are specified in the

order in relation to that assessment.

(7)
The local authority must give the Commission such assistance as the

Commission may reasonably require in connection with the preparation of

the report.

(8)
The assistance may include—

(a)
making arrangements for ascertaining the views of electors about

the operation of the provisions of the order;

(b)
reporting to the Commission allegations of electoral offences or

other malpractice.

(9)
The Commission must, before the end of the period of three months

beginning with the date of the declaration of the result of the election or

elections in question, send a copy of the report—

(a)
to the Secretary of State, and

(b)
to the local authority.

(10)
The local authority must publish the report in their area in such manner as

they think fit.

(11)
In this section “pilot order” and “the local authority” must be construed in

accordance with section (Photographs on ballot papers: piloting).”
52
Insert the following new Clause—

“Revision of electoral provisions in the light of pilot schemes

(1)
This section applies if the Secretary of State thinks, in the light of a report

made under section (Evaluation of pilots under section (Photographs on ballot

12

papers: piloting)) on the operation of a pilot order under section (Photographs

on ballot papers: piloting), that it would be desirable for provision similar to

that made by the order to apply generally, and on a permanent basis, in

relation to—

(a)
parliamentary elections;

(b)
local government elections in England and Wales;

(c)
any description of election falling within paragraph (a) or (b).

(2)
The Secretary of State may by order make provision for the purposes of

enabling ballot papers issued at such elections (mentioned in subsection

(1)) as are specified in the order to contain photographs of the candidates.

(3)
The Secretary of State must not make an order under subsection (2) unless

he first consults the Electoral Commission.

(4)
An order under subsection (2) may—

(a)
include such provision modifying or disapplying any enactment as

the Secretary of State thinks is necessary or expedient for the

purposes of the order;

(b)
create or extend the application of an offence.

(5)
An order under subsection (2) must not create an offence punishable—

(a)
on conviction on indictment, with imprisonment for a term

exceeding one year;

(b)
on summary conviction, with imprisonment for a term exceeding

51 weeks or with a fine exceeding the statutory maximum.

(6)
The power to make an order under subsection (2) is exercisable by statutory

instrument, but no such order may be made unless a draft of the instrument

containing the order has been laid before and approved by a resolution of

each House of Parliament.

(7)
The reference to local government elections must be construed in

accordance with section (Photographs on ballot papers: piloting).

(8)
If an order under subsection (2) is made before the date of commencement

of section 281(5) of the Criminal Justice Act 2003, then in relation to any

offence committed before that date the reference in subsection (5)(b) to 51

weeks must be taken to be a reference to six months.

(9)
In its application to Scotland and Northern Ireland, the reference in

subsection (5)(b) to 51 weeks must be taken to be a reference to six months.”
53
Insert the following new Clause—

“Certain voters entitled to vote in person

(1)
Schedule 4 of the Representation of the People Act 2000 (absent voting in

Great Britain) is amended as follows.

(2)
After paragraph 2(5) insert—

“(5A)
Nothing in the preceding provisions of this paragraph applies to

a person to whom section 7 of the 1983 Act (mental patients who

are not detained offenders) applies and who is liable, by virtue of

any enactment, to be detained in the mental hospital in question,

whether he is registered by virtue of that provision or not; and

such a person may vote—

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(a)
in person (where he is granted permission to be absent

from the hospital and voting in person does not breach

any condition attached to that permission), or

(b)
by post or by proxy (where he is entitled as an elector to

vote by post or, as the case may be, by proxy at the

election).”

(3)
In paragraph 2(6), omit paragraph (a) and the “or” following it.

(4)
This section does not apply to local government elections in Scotland

(within the meaning of the 1983 Act).”
Clause 36
54
Page 45, line 3, leave out “Subsection (2) below applies” and insert “Subsections (2)

and (2A) below apply”
55
Page 45, line 8, leave out from “document” to end of line 14 and insert “must, as he

thinks appropriate, give or display or otherwise make available in such form as he

thinks appropriate—

(a)
the document in Braille;

(b)
the document in languages other than English;

(c)
graphical representations of the information contained in the

document;

(d)
other means of making the information contained in the document

accessible to persons who might not otherwise have reasonable

access to the information.

(2A)
The person required or authorised to give or display the document must

also, as he thinks appropriate, make available the information contained in

the document in such audible form as he thinks appropriate.”
56
Page 45, line 15, leave out “Subsection (2) above does” and insert “Subsections (2)

and (2A) above do”
Clause 37
57
Page 46, line 11, leave out “may” and insert “must”
58
Page 46, line 16, at end insert—

“( )
the directions or guidance in any other form (including any audible

form).”
59
Page 46, line 18, at end insert “and for stating the date of birth of the elector or

proxy (as the case may be)”
Clause 44
60
Page 54, line 22, leave out paragraph (d)
Clause 49
61
Page 57, line 10, leave out “five” and insert “12”
62
Page 57, line 45, leave out “five” and insert “12”
63
Page 58, line 40, leave out “five” and insert “12”