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| Tuesday 18th November 2008 |
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| New Amendments handed in are marked thus |
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| Amendments which will comply with the required notice period at their next appearance |
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| Political Parties and Elections Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [4th November 2008]. |
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| Clause 12, page 10, line 20, leave out from ‘shall’ to end of line 26 and insert |
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| ‘amend the electoral register by means only of an additional entry at the end of the |
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| appropriate section of the register, until the appropriate publication date of an election.’. |
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| new clauses relating to elections and electoral registration |
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| | Disposal of election documents in Scotland |
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| To move the following Clause:— |
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| | (a) | in section 63 (breach of official duty), in subsection (3)(b), the words |
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| | “sheriff clerk,” are omitted; |
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| | (b) | in Schedule 1 (parliamentary elections rules), for rule 58 there is |
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| | “58(1) | This rule modifies rules 55 to 57 in relation to elections in |
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| | (2) | In relation to such elections— |
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| | (a) | the documents mentioned in rule 55(1)— |
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| | (i) | are not to be forwarded by the returning |
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| | officer as required by that rule, |
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| | (ii) | instead, are to remain in the returning |
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| | officer’s custody (and be endorsed by the |
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| | officer as required by that rule), |
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| | (b) | the references in rules 56 and 57 to the relevant |
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| | registration officer are to be read as references to the |
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| | returning officer (and rule 55(1A) is to be |
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| | (c) | the reference in rule 57(1) to the documents to be |
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| | retained is to be read as a reference to the documents |
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| | remaining in the returning officer’s custody under |
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| | sub-paragraph (a)(ii).”’. |
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| | Filling vacant European Parliament seats in Northern Ireland |
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| To move the following Clause:— |
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| | ‘(1) | In section 5 of the European Parliamentary Elections Act 2002 (c. 24) (filling |
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| | vacant seats), after subsection (3) there is inserted— |
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| | “(4) | As regards a seat in Northern Ireland, the regulations may, in specified |
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| | circumstances, require it to be filled as follows— |
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5 | | (a) | where the previous MEP stood in the name of a registered party |
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| | when elected (or most recently elected), by a person nominated |
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| | by the nominating officer of that party; |
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| | (b) | where paragraph (a) does not apply but the previous MEP gave a |
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| | notice in accordance with regulations under this Act naming one |
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10 | | or more persons as substitutes, by a person so named. |
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| | “nominating officer”, in relation to a registered party, means the person |
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| | registered as its nominating officer under the Political Parties, Elections |
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| | and Referendums Act 2000 in the Northern Ireland register (within the |
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| | “registered party” means a party registered under that Act in that register; |
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| | “the previous MEP”, in relation to a vacancy, means the person who was the |
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| | MEP immediately before the vacancy arose.” |
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| | (2) | Regulations containing provision made by virtue of this section may specify that |
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20 | | the provision has effect in relation to any seat that is vacant at the time the |
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| | provision comes into force and in respect of which notice of a by-election has not |
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| | been published at that time.’. |
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| | As Amendments to Mr Michael Wills’s proposed New Clause (Filling vacant |
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| | European Parliament seats in Northern Ireland) (NC18):— |
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| Line 7, at end insert ‘from a list of up to three persons who are not disqualified to |
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| serve as an MEP and whose names and electoral numbers had been submitted |
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| along with the nomination papers of the previous MEP at the previous election.’. |
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| Line 8, leave out from ‘apply’ to end of line 10 and insert ‘, by the highest ranking |
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| person who is not disqualified to serve as an MEP and whose name and electoral |
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| number had been submitted on an ordered list of up to three persons along with |
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| the previous MEP’s nomination papers at the previous election.’. |
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| | CORE information and action to be taken by electoral registration officers |
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| To move the following Clause:— |
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| | ‘(1) | Section 2 of the Electoral Administration Act 2006 (c. 22) (co-ordinated on-line |
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| | record of electors: use of information) is amended as follows. |
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| | (a) | in paragraph (b), after “is requested” there is inserted “in respect of the |
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| | (b) | in paragraph (c), for “acts as” there is substituted “is appointed as, or |
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| | (3) | After subsection (6) there is inserted— |
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| | “(6A) | A CORE scheme may require that where a CORE keeper informs an |
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| | ERO as mentioned in subsection (5), or informs an ERO of any |
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| | suspicions that the CORE keeper has concerning the commission of an |
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| | offence under the 1983 Act or other impropriety— |
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| | (a) | the ERO must take such steps (if any) as appear to the ERO to be |
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| | appropriate in response to being so informed; |
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| | (b) | the ERO must notify the CORE keeper of the steps taken (or of |
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| | the reasons for not taking any), within such period and in such |
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| | form and manner as is specified— |
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| | (ii) | by the CORE keeper in accordance with the scheme.” |
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| | (4) | In subsection (7)(b), after “relating to the person” there is inserted “, or to any |
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| | such suspicions as are mentioned in subsection (6A),”. |
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| | (a) | for “must not authorise” there is substituted “must not— |
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| | (b) | at the end there is inserted— |
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| | “(b) | authorise one ERO to supply information to another.”’. |
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| | Individual voter registration |
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| To move the following Clause:— |
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| | ‘(1) | The 1983 Act is amended as follows. |
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| | (2) | In section 10 (maintenance of registers: annual canvass), for subsections (4A) and |
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| | (4B) there is substituted— |
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| | “(4A) | Subject to subsection (4B) below, the information to be obtained by the |
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5 | | use of such a form for the purpose of a canvass shall include— |
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| | (a) | the signature of each of the persons in relation to whom the form |
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| | (b) | the date of birth of each such person; and |
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| | (c) | in relation to each such person— |
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10 | | (i) | his national insurance number or a statement that he |
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| | (ii) | a statement of whether or not he has been resident in the |
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| | United Kingdom for the whole of the three-month period |
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| | ending on 15th October in the year in question, and |
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15 | | (iii) | any address in the United Kingdom in respect of which |
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| | he is or has applied to be registered (other than the |
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| | address in respect of which the form is completed), and |
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| | the power in subsection (4) above to prescribe a form |
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| | includes power to give effect to the requirements of the |
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| | (4B) | An electoral officer may dispense with the requirement mentioned in |
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| | subsection (4A)(a) above in relation to any person if he is satisfied that it |
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| | is not reasonably practicable for that person to sign in a consistent and |
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| | distinctive way because of any incapacity of his or because he is unable |
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| | (3) | In section 10A (maintenance of registers: registration of electors)— |
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| | (a) | for subsections (1A) and (1B) there is substituted— |
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| | “(1A) | Subject to subsection (1B) below, an application for registration |
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| | in respect of an address in the United Kingdom shall include— |
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30 | | (a) | the signature of each of the persons to whom the |
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| | (b) | the date of birth of each such person; and |
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| | (c) | in relation to each person— |
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| | (i) | his national insurance number or a statement |
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35 | | that he does not have one, |
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| | (ii) | a statement of whether or not he has been |
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| | resident in the United Kingdom for the whole of |
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| | the three-month period ending on the date of the |
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40 | | (iii) | any other address in the United Kingdom in |
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| | respect of which he is or has applied to be |
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| | registered, and the power in subsection (1) |
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| | above to prescribe requirements includes power |
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| | to give effect to the requirements of this |
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| | (1B) | An electoral registration officer may dispense with the |
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| | requirement mentioned in subsection (1A)(a) above in relation to |
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| | any person if he is satisfied that it is not reasonably practicable |
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| | for that person to sign in a consistent and distinctive way because |
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50 | | of any incapacity of his or because he is unable to read.”, |
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| | (b) | for subsection (5A) there is substituted— |
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| | “(5A) | A person’s name is to be removed from the register in respect of |
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| | (a) | the form mentioned in section 10(4) above in respect of |
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55 | | that address does not include all the information relating |
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| | to him required by virtue of section 10(4A) above; or |
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| | (b) | the registration officer determines that he is not satisfied |
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| | with the information relating to that person which was |
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| | included in that form pursuant to that requirement.”. |
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60 | | (4) | In section 13A (alteration of registers), for subsections (2A) and (2B) there is |
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| | “(2A) | Subject to subsection (2B) below, an application for registration under |
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| | subsection (1)(a) above in respect of an address in the United Kingdom |
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65 | | (a) | the signature of each of the persons to whom the application |
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| | (b) | the date of birth of each such person; and |
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| | (c) | in relation to each such person— |
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| | (i) | his national insurance number or a statement that he |
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70 | | |
| | (ii) | a statement of whether or not he has been resident in the |
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| | United Kingdom for the whole of the three-month period |
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| | ending on the date of the application, and |
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| | (iii) | any other address in the United Kingdom in respect of |
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75 | | which he is or has applied to be registered, and the power |
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| | in subsection (1)(a) above to prescribe requirements |
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| | includes power to give effect to the requirements of this |
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| | (2B) | The Chief Electoral Officer may dispense with the requirement |
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80 | | mentioned in subsection (2A)(a) above in relation to any person if he is |
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| | satisfied that it is not reasonably practicable for that person to sign in a |
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| | consistent and distinctive way because of any incapacity of his or because |
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| | As Amendments to Mr Francis Maude’s proposed New Clause (Individual voter |
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| Leave out lines 12 to 14. |
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| Leave out lines 36 to 39. |
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| Leave out lines 71 to 73. |
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| | Registration of British citizens overseas |
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| To move the following Clause:— |
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| | ‘In section 2 of the Representation of the People Act 1985 (c. 50) (registration of |
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| | British citizens overseas), after paragraph (3)(b) there is inserted— |
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| | “(ba) | the declarant’s passport number or a statement that the declarant |
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| | Opting in to the edited electoral register |
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| To move the following Clause:— |
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| | ‘(1) | The Representation of the People (England and Wales) (Amendment) |
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| | Regulations 2001 (SI 2001/341) is amended as follows: |
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| | (2) | In regulation 93 (edited version of the register), for subsection (2) there is |
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| | “The edited register shall include the name and address of any elector whose |
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| | details are included in the full register only if a request has been expressly made |
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| | in the form referred to in section 10(4) of the 1983 Act or in accordance with |
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| | Regulation 26 above by or on behalf of that elector for his or her name and |
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| | address to be included on the edited register.”’. |
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| | Personal identifiers at the ballot box |
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| To move the following Clause:— |
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| | ‘(1) | The Representation of the People Act 1983 (“the 1983 Act”) Schedule 1 |
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| | (Parliamentary Election Rules) shall be amended as follows. |
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| | (2) | The following shall be inserted after Rule 27(1) (ballot paper to be delivered to |
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| | “(1A) | A ballot paper shall not be delivered to a voter unless he has produced a |
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| | specified document to the presiding officer or a clerk. |
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| | (1B) | Where a voter produces a specified document, the presiding officer or |
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| | clerk to whom it is produced shall deliver a ballot paper to the voter |
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| | unless the officer or clerk decides that the document raises a reasonable |
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| | doubt at to whether the voter is the elector or proxy he represents himself |
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| | (1C) | Where a voter produces a specified document to a presiding officer and |
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| | he so decides, he shall refuse to deliver a ballot paper to the voter. |
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| | (1D) | Where a voter produces a specified document to a clerk and he so |
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| | decides, he shall refer the matter and produce the document to the |
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| | presiding officer who shall proceed as if the document has been produced |
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| | to him in the first place. |
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| | (1E) | For the purposes of this rule a specified document is one which for the |
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| | time being falls within the following list— |
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| | (a) | a current passport issued by the government of the United |
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| | Kingdom or by the government of the Republic of Ireland; |
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| | (b) | a current licence to drive a motor vehicle granted under Part III |
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| | of the Road Traffic Act 1972 (or Part III of the Road Traffic Act |
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| | 1988) (including a provisional licence), or under Article 12 of the |
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| | Road Traffic (Northern Ireland) Order 1981 or any |
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| | corresponding enactment for the time being in force; |
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| | (c) | a credit or debit card with signature; |
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| | (d) | HM forces identification card; |
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| | (e) | a medical card with signature on it; |
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| | (f) | a local authority valid bus pass with signature on it; |
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| | (g) | a valid book for the payment of allowances, benefits or pensions |
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| | if it has a signature in it; |
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| | (h) | a tenant book if it has a signature in it; |
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| | (i) | a certified copy, or extract, of an entry of marriage issued by a |
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| | Registrar General, where the voter producing the copy of an |
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| | extract is a woman married within the period of two years ending |
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| | with the day of the poll concerned. |
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| | | In sub-paragraph (i) above “a Registrar General” means the Registrar |
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| | General for England and Wales, the Registrar General of Births, Deaths |
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| | and Marriages for Scotland or the Register General for Northern Ireland, |
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| | (1F) | Regulations may make provision varying the list in paragraph (1E) above |
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| | (whether by adding or deleting documents or varying any description of |
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