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Political Parties and Elections Bill


Political Parties and Elections Bill

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(ii)   

instead, are to remain in the returning officer’s

custody (and be endorsed by the officer as

required by that rule),

(b)   

the references in rules 56 and 57 to the relevant

registration officer are to be read as references to the

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returning officer (and rule 55(1A) is to be

disregarded),

(c)   

the reference in rule 57(1) to the documents to be

retained is to be read as a reference to the documents

remaining in the returning officer’s custody under

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sub-paragraph (a)(ii).”

15      

Filling vacant European Parliament seats in Northern Ireland

(1)   

In section 5 of the European Parliamentary Elections Act 2002 (c. 24) (filling

vacant seats), after subsection (3) there is inserted—

“(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—

(a)   

where the previous MEP stood in the name of a registered party

when elected (or most recently elected), by a person nominated

by the nominating officer of that party;

(b)   

where paragraph (a) does not apply but the previous MEP gave

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a notice in accordance with regulations under this Act naming

one or more persons as substitutes, by a person so named.

(5)   

In subsection (4)—

“nominating officer”, in relation to a registered party, means the

person registered as its nominating officer under the Political

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Parties, Elections and Referendums Act 2000 in the Northern

Ireland register (within the meaning of that Act);

“registered party” means a party registered under that Act in that

register;

“the previous MEP”, in relation to a vacancy, means the person

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who was the MEP immediately before the vacancy arose.”

(2)   

Regulations containing provision made by virtue of this section may specify

that the provision has effect in relation to any seat that is vacant at the time the

provision comes into force and in respect of which notice of a by-election has

not been published at that time.

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16      

Local returning officers for elections to the European Parliament

In section 6 of the European Parliamentary Elections Act 2002 (returning

officers), in subsection (5A) (meaning of “local returning officer”), for

paragraph (a) there is substituted—

“(a)   

a person who, by virtue of section 35 of the Representation of

40

the People Act 1983, is a returning officer for—

(i)   

elections of councillors of a district or London borough,

(ii)   

elections of councillors of a county in which there are no

district councils,

(iii)   

elections to the Council of the Isles of Scilly, or

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(iv)   

elections of councillors of a county or county borough in

Wales,

 
 

Political Parties and Elections Bill

13

 

   

or who by virtue of section 41 of that Act is a returning officer

for elections of councillors for a local authority in Scotland; or”.

17      

CORE information and action to be taken by electoral registration officers

(1)   

Section 2 of the Electoral Administration Act 2006 (c. 22) (co-ordinated on-line

record of electors: use of information) is amended as follows.

5

(2)   

In subsection (6)—

(a)   

in paragraph (b), after “is requested” there is inserted “in respect of the

same address or”;

(b)   

in paragraph (c), for “acts as” there is substituted “is appointed as, or

votes as,”.

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(3)   

After subsection (6) there is inserted—

“(6A)   

A CORE scheme may require that where a CORE keeper informs an

ERO as mentioned in subsection (5), or informs an ERO of any

suspicions that the CORE keeper has concerning the commission of an

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 appropriate in response to being so informed;

(b)   

the ERO must notify the CORE keeper of the steps taken (or of

the reasons for not taking any), within such period and in such

form and manner as is specified—

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(i)   

in the scheme, or

(ii)   

by the CORE keeper in accordance with the scheme.”

(4)   

In subsection (7)(b), after “relating to the person” there is inserted “, or to any

such suspicions as are mentioned in subsection (6A),”.

(5)   

In subsection (11)—

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(a)   

for “must not authorise” there is substituted “must not—

(a)   

authorise”;

(b)   

at the end there is inserted—

“(b)   

authorise one ERO to supply information to another.”

General

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18      

Interpretation

In this Act—

“the 1983 Act” means the Representation of the People Act 1983 (c. 2);

“the 2000 Act” means the Political Parties, Elections and Referendums Act

2000 (c. 41).

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19      

Amendments and repeals

Schedules 4 (minor and consequential amendments) and 5 (repeals) have

effect.

 
 

Political Parties and Elections Bill

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20      

Transitional provision

In relation to England and Wales, a reference inserted by this Act in Schedule

20 to the 2000 Act (penalties) to imprisonment for 12 months is to be read, in

the case of an offence committed before the commencement of section 154(1) of

the Criminal Justice Act 2003 (c. 44) (general limit on magistrates’ court’s

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power to impose imprisonment), as a reference to imprisonment for six

months.

21      

Money

(1)   

There shall be paid out of money provided by Parliament any increase

attributable to this Act in the sums payable under any other Act out of money

10

so provided.

(2)   

There shall be charged on and paid out of the Consolidated Fund any increase

attributable to this Act in the sums to be charged on and paid out of that Fund

under any other Act.

(3)   

There shall be paid into the Consolidated Fund any increase attributable to this

15

Act in the sums payable into that Fund under any other Act.

22      

Extent

(1)   

This Act extends to England and Wales, Scotland and Northern Ireland.

(2)   

The following provisions extend also to Gibraltar—

section 1(1) and (3);

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section 4;

sections 5 to 7, paragraphs 4, 5, 6 and 19 of Schedule 4 and the entry in

Schedule 5 relating to Schedule 1 to the 2000 Act;

section 9.

23      

Commencement

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(1)   

This Act comes into force on whatever day or days the Secretary of State

appoints by order made by statutory instrument.

(2)   

An order under subsection (1)—

(a)   

may make different provision for different purposes or different areas;

(b)   

may make transitional or saving provision.

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(3)   

An order under subsection (1) bringing section 16 into force may make any

provision amending regulations under the European Parliamentary Elections

Act 2002 (c. 24) that is incidental to or consequential on the amendment made

by that section.

(4)   

Subsection (1) does not apply to—

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(a)   

section 1(1) and (3),

(b)   

sections 4, 5 and 7, paragraphs 4, 5, 6 and 19 of Schedule 4 and the entry

in Schedule 5 relating to Schedule 1 to the 2000 Act,

(c)   

sections 11 and 12 and the entry in Schedule 5 relating to section

90ZA(1) of the 1983 Act,

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(d)   

section 15,

(e)   

section 18,

 
 

Political Parties and Elections Bill

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(f)   

section 19 so far as relating to provisions in Schedules 4 and 5

mentioned above, and

(g)   

sections 20 to 24,

   

which accordingly come into force on the day on which this Act is passed.

24      

Short title

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This Act may be cited as the Political Parties and Elections Act 2008.

 
 

 
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