House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 26 February 2009
179

Political Parties and Elections Bill, continued

(i)
his national insurance number or a statement that he

does not have one,

(ii)
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)
after subsection (1) there is inserted—

“(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 such person—

(i)
his national insurance number or a statement

that he does not have one,

(ii)
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)
in subsection (5), at the beginning there is inserted “Subject to subsection

(5A) below,”,

(c)
after subsection (5) there is inserted—

“(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.”.

(d)
in subsection (6), after “above”, there is inserted “or his name is to be

removed from it by virtue of subsection (5A) above,”, and

(e)
in subsection (8), after “5”, there is inserted “, (5A)”.

(4)
In section 13A (alteration of registers), after subsection (2) there is inserted—

Notices of Amendments: 26 February 2009
180

Political Parties and Elections Bill, continued

“(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)
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.”.’.

Candidate at parliamentary election may withhold home address from publication

Dr Julian Lewis

Mr David Chaytor

Miss Julie Kirkbride

Mr Terry Rooney

Paul Flynn

Andrew Mackinlay

Total signatories: 8

Mr Gerald Howarth

Jo Swinson

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—

Notices of Amendments: 26 February 2009
181

Political Parties and Elections Bill, continued

(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)—

(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.

Notices of Amendments: 26 February 2009
182

Political Parties and Elections Bill, continued

    (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—

(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

Andrew Mackinlay

Total signatories: 8

Mr Gerald Howarth

Jo Swinson

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

Andrew Mackinlay

Total signatories: 8

Mr Gerald Howarth

Jo Swinson

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—