147

House of Commons

Notices of Amendments

given on

Wednesday 25 February 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

95-110, 123-33 and 139-45

Consideration of Bill

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Political Parties and Elections Bill, As Amended

Candidate at parliamentary election may withhold home address from publication

Dr Julian Lewis

Mr David Chaytor

Miss Julie Kirkbride

Mr Terry Rooney

Paul Flynn

NC23

To move the following Clause:—

‘(1)	Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

(2)	In rule 6 (nomination of candidates)—

(a)	sub-paragraph (b) of paragraph (2) is omitted;

(b)	after paragraph (3) there is inserted—

“(4)	The nomination paper must be accompanied by a form (in this

Schedule referred to as the “home address form”) which states

the candidate’s—

(a)	full names, and

(b)	home address in full.

Provision in paragraph (1) above about delivery of the

nomination paper applies also to the home address form.

(5)	The home address form—

(a)	may contain a statement made and signed by the

candidate that he requires the home address not to be

made public; and

(b)	if it does so, must state the constituency within which

that address is situated (or, if that address is outside

the United Kingdom, the country within which it is

situated).”

(3)	In rule 11 (right to attend nomination)—

Notices of Amendments: 25 February 2009

148

Political Parties and Elections Bill, continued

(a)	in paragraph (3), after “nomination paper” there is inserted “and

associated home address form”;

(b)	after paragraph (4) there is inserted—

“(5)	The returning officer shall not permit a home address form to

be inspected otherwise than in accordance with this rule, or for

some other purpose authorised by law.”

(4)	In rule 12 (validity of nomination papers), in paragraph (1)—

(a)	after “consent to it” there is inserted “and the home address form”;

(b)	after sub-paragraph (a) there is inserted—

“(aa)

the returning officer decides that the home address

form does not comply with rule 6(4); or”.

(5)	In rule 14 (publication of statement of persons nominated), after paragraph (3)

there is inserted—

“(3A)

In relation to a nominated person in whose case the home address form

(or, if the person is nominated by more than one nomination paper, any

of the home address forms) contains—

(a)	the statement mentioned in rule 6(5)(a), and

(b)	the information mentioned in rule 6(5)(b),

the reference in paragraph (2) to the person’s address shall be read as

a reference to the information mentioned in rule 6(5)(b).”

(6)	After paragraph (4) of that rule there is inserted—

“(4A)

Where—

(a)	two or more of the names shown on the statement are the same

or so similar as to be likely to cause confusion,

(b)	paragraph (3A) applies in relation to each of the persons in

question, and

(c)	the information mentioned in rule 6(5)(b) is the same for each

of them,

the returning officer may cause any of their particulars to be shown on

the statement with such amendments or additions as the officer thinks

appropriate in order to reduce the likelihood of confusion.

(4B)	Where it is practicable to do so before the publication of the statement,

the returning officer shall consult any person whose particulars are to

be amended or added to under paragraph (4A).

(4C)	The returning officer must give notice in writing to any person whose

particulars are amended or added to under paragraph (4A).

(4D)	Anything done by a returning officer in pursuance of paragraph (4A)

must not be questioned in any proceedings other than proceedings on

an election petition.

(4E)	A returning officer must have regard to any guidance issued by the

Electoral Commission for the purposes of paragraph (4A).”

(7)	Before rule 54 there is inserted—

“Destruction of home address forms

53A	The returning officer shall destroy each candidate’s home address

form—

Notices of Amendments: 25 February 2009

149

Political Parties and Elections Bill, continued

(a)	on the next working day following the 21st day after the

officer has returned the name of the member elected; or

(b)	if an election petition questioning the election or return is

presented before that day, on the next working day following

the conclusion of proceedings on the petition or on appeal

from such proceedings.”’.

Dr Julian Lewis

Mr David Chaytor

Miss Julie Kirkbride

Mr Terry Rooney

Paul Flynn

140

Page  44,  line  24  [Schedule  4],  at end insert—

‘	In section 65A (false statements in nomination papers etc), in subsection (1),

after paragraph (a) there is inserted—

“(aa)

(where the election is a parliamentary election) a statement

under rule 6(5)(b) of Schedule 1 to this Act which he knows

to be false in any particular; or”.’.

Dr Julian Lewis

Mr David Chaytor

Miss Julie Kirkbride

Mr Terry Rooney

Paul Flynn

141

Page  44,  line  24  [Schedule  4],  at end insert—

‘   (1)

Section 70 (effect of default in election agent’s appointment) is amended as

follows.

(2)	In subsection (4)(a), after “the statement as to persons nominated” there is

inserted “(or where, in the case of a parliamentary election, the address is not

given on that statement, the address as given under rule 6(4) of Schedule 1 to

this Act)”.

(3)	After subsection (6) there is inserted—

“(7)	In the case of a parliamentary election, subsection (6) above applies

whether or not a statement has been made under rule 6(5) of Schedule

1 to this Act requiring the candidate’s home address not to be made

public.”’.

Dr Julian Lewis

Mr David Chaytor

Miss Julie Kirkbride

Mr Terry Rooney

Paul Flynn

142

Page  44,  line  24  [Schedule  4],  at end insert—

‘   (1)

Schedule 1 (parliamentary elections rules) is amended as follows.

(2)	In rule 6 (nomination of candidates), in paragraph (2)(a) after “names,” there

is inserted “and”.

(3)	In rule 14A (correction of minor errors)—

(a)	in paragraph (1), after “nomination paper” there is inserted “or home

address form”;

(b)	in paragraph (2), after sub-paragraph (b) there is inserted—

Notices of Amendments: 25 February 2009

150

Political Parties and Elections Bill, continued

“(c)	in the home address form, errors as to the

information mentioned in rule 6(5)(b).”

(4)	In the Appendix of forms, in the Form of nomination paper, in the first table

following the words “candidate at the said election”, the final column (home

address) is omitted.”’.

Dr Julian Lewis

Mr David Chaytor

Miss Julie Kirkbride

Mr Terry Rooney

Paul Flynn

143

Page  47,  line  14  [Schedule  5],  at end insert—

‘In Schedule 1—

(a)	in rule 6, sub-paragraph (b) of paragraph (2);

(b)	in the Appendix of forms, in the Form of

nomination paper, in the first table following

the words “candidate at the said election”,

the final column.’.

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Revised 26 February 2009