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Notices of Amendments: 7th November 2008                

91

 

Political Parties and Elections Bill, continued

 
 

(a)    

section 47(1)(b),

 

(b)    

section 65(3), and

 

(c)    

paragraph 12(1) of Schedule 7.

 

(3)    

In Schedule 20 (penalties) the following entries in the table, and the

 

corresponding entries in column 2, are omitted—

 

(a)    

Section 47(1)(b) (failure to deliver proper statement of accounts),

 

(b)    

Section 65(3) (failure to deliver donation reports to Commission within

 

time limits), and

 

(c)    

paragraph 12(1) of Schedule 7 (failure to deliver donation report to

 

Commission within time limit).’.

 


 

Removal of criminal sanctions from specified offences

 

Mr Fabian Hamilton

 

 

NC16

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The 2000 Act is amended as follows.

 

(2)    

In section 47(1), for “is guilty of an offence” there is substituted “shall be liable

 

to a fixed monetary penalty under Schedule 19B”.

 

(3)    

In section 65(3), for “commits an offence” there is substituted “shall be liable to

 

a fixed monetary penalty under Schedule 19B”.

 

(4)    

In paragraph 12(1) of Schedule 7, for “is guilty of an offence” there is substituted

 

“shall be liable to a fixed monetary penalty under Schedule 19B”.

 

(5)    

A fixed monetary penalty imposed in accordance with subsections (2), (3) and (4)

 

may not exceed £1,000.

 

(6)    

In Schedule 20 (penalties) the following entries in the table, and the

 

corresponding entries in column 2, are omitted—

 

(a)    

Section 47(1)(b) (failure to deliver proper statement of accounts),

 

(b)    

Section 65(3) (failure to deliver donation reports to Commission within

 

time limits), and

 

(c)    

paragraph 12(1) of Schedule 7 (failure to deliver donation report to

 

Commission within time limit).’.

 


 

Mrs Eleanor Laing

 

17

 

Clause  12,  page  10,  line  20,  leave out from ‘shall’ to end of line 26 and insert

 

‘amend the electoral register by means only of an additional entry at the end of the

 

appropriate section of the register, until the appropriate publication date of an election.’.

 



 
 

Notices of Amendments: 7th November 2008                

92

 

Political Parties and Elections Bill, continued

 
 

new clauses relating to elections and electoral registration

 

Individual voter registration

 

Mr Francis Maude

 

Nick Herbert

 

Mrs Eleanor Laing

 

Mr Jonathan Djanogly

 

NC1

 

To move the following Clause:—

 

‘(1)    

The 1983 Act is amended as follows.

 

(2)    

In section 10 (maintenance of registers: annual canvass), for subsections (4A) and

 

(4B) there is substituted—

 

“(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;

 

(b)    

the date of birth of each such person; and

 

(c)    

in relation to each such person—

 

(i)    

his national insurance number or a statement that he

 

does not have one,

 

(ii)    

a statement of whether or not he has been resident in the

 

United Kingdom for the whole of the three-month period

 

ending on 15th October in the year in question, and

 

(iii)    

any address in the United Kingdom in respect of which

 

he is or has applied to be registered (other than the

 

address in respect of which the form is completed), and

 

the power in subsection (4) above to prescribe a form

 

includes power to give effect to the requirements of the

 

subsection.

 

(4B)    

An 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 incapacity of his or because he is unable

 

to read.”.

 

(3)    

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

 

(a)    

for subsections (1A) and (1B) there is substituted—

 

“(1A)    

Subject to subsection (1B) below, an application for registration

 

in respect of an address in the United Kingdom shall include—

 

(a)    

the signature of each of the persons to whom the

 

application relates;

 

(b)    

the date of birth of each such person; and

 

(c)    

in relation to each person—

 

(i)    

his national insurance number or a statement

 

that he does not have one,

 

(ii)    

a statement of whether or not he has been

 

resident in the United Kingdom for the whole of

 

the three-month period ending on the date of the

 

application, and


 
 

Notices of Amendments: 7th November 2008                

93

 

Political Parties and Elections Bill, continued

 
 

(iii)    

any other address in the United Kingdom in

 

respect of which he is or has applied to be

 

registered, and the power in subsection (1)

 

above to prescribe requirements includes power

 

to give effect to the requirements of this

 

subsection.

 

(1B)    

An electoral registration officer may dispense with the

 

requirement mentioned in subsection (1A)(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 incapacity of his or because he is unable to read.”,

 

(b)    

for subsection (5A) there is substituted—

 

“(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 virtue of 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.”.

 

(4)    

In section 13A (alteration of registers), for subsections (2A) and (2B) there is

 

substituted—

 

“(2A)    

Subject to subsection (2B) 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;

 

(b)    

the date of birth of each such person; and

 

(c)    

in relation to each such person—

 

(i)    

his national insurance number or a statement that he

 

does not have one,

 

(ii)    

a statement of whether or not he has been resident in the

 

United Kingdom for the whole of the three-month period

 

ending on the date of the application, and

 

(iii)    

any other address in the United Kingdom in respect of

 

which he is or has applied to be registered, and the power

 

in subsection (1)(a) above to prescribe requirements

 

includes power to give effect to the requirements of this

 

subsection.

 

(2B)    

The Chief Electoral Officer may dispense with the requirement

 

mentioned in subsection (2A)(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 incapacity of his or because

 

he is unable to read.”’.

 



 
 

Notices of Amendments: 7th November 2008                

94

 

Political Parties and Elections Bill, continued

 
 

Registration of British citizens overseas

 

Mr Francis Maude

 

Nick Herbert

 

Mrs Eleanor Laing

 

Mr Jonathan Djanogly

 

NC2

 

To move the following Clause:—

 

‘In section 2 of the Representation of the People Act 1985 (c. 50) (registration of

 

British citizens overseas), after paragraph (3)(b) there is inserted—

 

“(ba)    

the declarant’s passport number or a statement that the declarant

 

does not have one.”’.

 


 

Opting in to the edited electoral register

 

Mrs Eleanor Laing

 

NC7

 

To move the following Clause:—

 

‘(1)    

The Representation of the People (England and Wales) (Amendment)

 

Regulations 2001 (SI 2001/341) is amended as follows:

 

(2)    

In regulation 93 (edited version of the register), for subsection (2) there is

 

substituted—

 


 

“The edited register shall include the name and address of any elector whose

 

details are included in the full register only if a request has been expressly made

 

in the form referred to in section 10(4) of the 1983 Act or in accordance with

 

Regulation 26 above by or on behalf of that elector for his or her name and

 

address to be included on the edited register.”’.

 


 

Personal identifiers at the ballot box

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Representation of the People Act 1983 (“the 1983 Act”) Schedule 1

 

(Parliamentary Election Rules) shall be amended as follows.

 

(2)    

The following shall be inserted after Rule 27(1) (ballot paper to be delivered to

 

voter on application)—

 

“(1A)    

A ballot paper shall not be delivered to a voter unless he has produced a

 

specified document to the presiding officer or a clerk.

 

(1B)    

Where a voter produces a specified document, the presiding officer or

 

clerk to whom it is produced shall deliver a ballot paper to the voter


 
 

Notices of Amendments: 7th November 2008                

95

 

Political Parties and Elections Bill, continued

 
 

unless the officer or clerk decides that the document raises a reasonable

 

doubt at to whether the voter is the elector or proxy he represents himself

 

to be.

 

(1C)    

Where a voter produces a specified document to a presiding officer and

 

he so decides, he shall refuse to deliver a ballot paper to the voter.

 

(1D)    

Where a voter produces a specified document to a clerk and he so

 

decides, he shall refer the matter and produce the document to the

 

presiding officer who shall proceed as if the document has been produced

 

to him in the first place.

 

(1E)    

For the purposes of this rule a specified document is one which for the

 

time being falls within the following list—

 

(a)    

a current passport issued by the government of the United

 

Kingdom or by the government of the Republic of Ireland;

 

(b)    

a current licence to drive a motor vehicle granted under Part III

 

of the Road Traffic Act 1972 (or Part III of the Road Traffic Act

 

1988) (including a provisional licence), or under Article 12 of the

 

Road Traffic (Northern Ireland) Order 1981 or any

 

corresponding enactment for the time being in force;

 

(c)    

a credit or debit card with signature;

 

(d)    

HM forces identification card;

 

(e)    

a medical card with signature on it;

 

(f)    

a local authority valid bus pass with signature on it;

 

(g)    

a valid book for the payment of allowances, benefits or pensions

 

if it has a signature in it;

 

(h)    

a tenant book if it has a signature in it;

 

(i)    

a certified copy, or extract, of an entry of marriage issued by a

 

Registrar General, where the voter producing the copy of an

 

extract is a woman married within the period of two years ending

 

with the day of the poll concerned.

 

    

In sub-paragraph (i) above “a Registrar General” means the Registrar

 

General for England and Wales, the Registrar General of Births, Deaths

 

and Marriages for Scotland or the Register General for Northern Ireland,

 

(1F)    

Regulations may make provision varying the list in paragraph (1E) above

 

(whether by adding or deleting documents or varying any description of

 

document).

 

(1G)    

References in this rule to producing a document are to producing it for

 

inspection.”.

 

(3)    

The following shall be inserted after Rule 38(1) (incapacitated voter’s vote to be

 

marked on ballot paper on application)—

 

“(1A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who

 

applies under paragraph (1) above as they apply in the case of a voter who

 

applies under Rule 37(1), but reading references to delivering a ballot

 

paper to a voter as references to causing a voter’s vote to be marked on a

 

ballot paper.”.

 

(4)    

The following shall be inserted after Rule 39(2) (blind voter to be allowed

 

assistance of companion on application)—

 

“(2A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who

 

applies under paragraph (1) above as they apply in the case of a voter who


 
 

Notices of Amendments: 7th November 2008                

96

 

Political Parties and Elections Bill, continued

 
 

applies under Rule 37(1), but reading references to delivering a ballot

 

paper to a voter as references to granting a voter’s application.”.

 

(5)    

The following shall be inserted after Rule 40(1) (person entitled to mark tendered

 

ballot paper after another has voted)—

 

“(1A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a person

 

who seeks to mark a tendered ballot under paragraph (1) above as they

 

apply in the case of a voter who applies for a ballot paper under Rule

 

37(1).

 

(1B)    

Paragraph (1C) below applies where a presiding officer refuses to deliver

 

a ballot paper to a person under paragraph (1C) of Rule 37 (including that

 

paragraph as applied by Rule 38 or 39 or this Rule).

 

(1C)    

The person shall, on satisfactorily answering the questions permitted by

 

law to be asked at the poll, nevertheless be entitled, subject to the

 

following provisions of this Rule, to mark a ballot paper (in these Rules

 

referred to as “a tendered ballot paper”) in the same manner as any other

 

voter.”.

 

(6)    

The following shall be inserted after Rule 40(4)—

 

“(5)    

A person who marks a tendered ballot paper under paragraph (1C) above

 

shall sign the paper, unless it was marked after an application was refused

 

under Rule 38 or 39.

 

(6)    

A paper which is required to be signed under paragraph (5) above and is

 

not so signed shall be void.”’.

 


 

Moratorium on electoral modernisation pilots

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

NC14

 

To move the following Clause:—

 

‘No electoral modernisation pilot scheme which uses electronic voting and

 

electronic counting systems under section 10 (pilot schemes for local elections in

 

England and Wales) of the 2000 Act shall be commenced for a period of five

 

years beginning on the day on which this Act is passed.’.

 


 

Review of electoral modernisation piloting

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall appoint a Committee to conduct a review of electoral

 

modernisation piloting.


 
 

Notices of Amendments: 7th November 2008                

97

 

Political Parties and Elections Bill, continued

 
 

(2)    

The Secretary of State shall appoint no fewer than five and no more than ten

 

members of the Committee, who have, in the opinion of the Secretary of State,

 

relevant knowledge and experience.

 

(3)    

The Committee shall complete the review and report to the Secretary of State no

 

later than five years after the commencement of this Act.

 

(4)    

The Secretary of State shall lay a copy of the report before Parliament as soon as

 

is reasonably practicable.’.

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

3

 

Clause  8,  page  5,  line  43,  leave out ‘£200’ and insert ‘£1,000’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

4

 

Clause  8,  page  6,  line  3,  leave out ‘£200’ and insert ‘£1,000’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

5

 

Clause  8,  page  6,  line  14,  leave out ‘£200’ and insert ‘£1,000’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

6

 

Clause  8,  page  7,  line  28,  leave out the words in column 2 of the table and insert ‘A

 

fine of £1000’.

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

120

 

Parliamentary Star - white    

Page  5,  line  39,  leave out Clause 8.

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

7

 

Schedule  3,  page  34,  line  2,  at end insert—

 

‘Schedule 6 to the 2000 Act (details to be given in donation reports)

 

A1  (4)  

In paragraph 2 of Schedule 6 to the 2000 Act (details to be given in donation

 

reports), after paragraph (b) of sub-paragraph (10), there is inserted—

 

“(c)    

the name and addresses of all the members of and donors to

 

the association.”.


 
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