Political Parties and Elections Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
12

(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
5
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
10
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
15
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
20
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
25
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
30
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.
35
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
45
(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,”.
10
(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—
15
(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—
20
(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)—
25
(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
30
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).
35
19
Amendments and repeals
Schedules 4 (minor and consequential amendments) and 5 (repeals) have
effect.

Political Parties and Elections Bill
14

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
5
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);
20
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
25
(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.
30
(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—
35
(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,
40
(d)
section 15,
(e)
section 18,

Political Parties and Elections Bill
15

(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
5
This Act may be cited as the Political Parties and Elections Act 2008.