Consideration of Bill: 2 March 2009

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Political Parties and Elections Bill, continued

“(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—

(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.”’.

Consideration of Bill: 2 March 2009

227

Political Parties and Elections Bill, continued

Personal details on the register of electors

Mr Douglas Hogg

NC25

To move the following Clause:—

‘In section 9 of the 1983 Act (c. 2) (register of electors), at end of 2(c) there is

inserted “date of birth, national insurance number or a statement that he does not

have one, and the person’s signature or other identifying mark or other material

as the registration officer may direct.”.’.

Dr Julian Lewis

Mr David Chaytor

Miss Julie Kirkbride

Mr Terry Rooney

Paul Flynn

Andrew Mackinlay

Total signatories: 13

Dan Norris

Bob Russell

Mr Michael Ancram

Mr Graham Allen

Mr Nigel Evans

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: 13

Dan Norris

Bob Russell

Mr Michael Ancram

Mr Graham Allen

Mr Nigel Evans

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

Consideration of Bill: 2 March 2009

228

Political Parties and Elections Bill, continued

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

Andrew Mackinlay

Total signatories: 13

Dan Norris

Bob Russell

Mr Michael Ancram

Mr Graham Allen

Mr Nigel Evans

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—

“(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

Andrew Mackinlay

Total signatories: 13

Dan Norris

Bob Russell

Mr Michael Ancram

Mr Graham Allen

Mr Nigel Evans

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.’.

Consideration of Bill: 2 March 2009

229

Political Parties and Elections Bill, continued

other new clauses relating to elections

Scottish Parliament elections

Pete Wishart

Angus Robertson

Stewart Hosie

NC18

To move the following Clause:—

‘(1)	The Scotland Act 1998 is amended as follows.

(2)	In section 12 (power to make provision about elections), in subsection (1), for

“Secretary of State” there is substituted “Scottish Ministers”.

(3)	In Schedule 7 (procedure for subordinate legislation)—

(a)	in the right-hand column of the entry “Section 12(1)”, for the words

“Type C” there is substituted “Type L”;

(b)	At the end of paragraph 2 there is inserted.

“Type L: The Scottish Ministers shall not make the legislation

unless a draft of the instrument has been laid before and

approved by a resolution of the Parliament.”.

Absent voting

Mr Douglas Hogg

NC24

To move the following Clause:—

‘Section 12 of and Schedule 4 to the Representation of the People Act 2000 (c. 2)

are repealed.’.

Absent voting: personal identifiers

Mr Douglas Hogg

NC26

To move the following Clause:—

‘(1)	In section 14 of the Electoral Administration Act 2006 (c. 22) (absent voters:

personal identifiers) at the end of subsection (1)(a) there is inserted “national

insurance number or a statement that he does not have one or such other

identifying information as the registration officer may direct and”.’.

Consideration of Bill: 2 March 2009

230

Political Parties and Elections Bill, continued

remaining proceedings

Review of Act

Mr Fabian Hamilton

NC2

To move the following Clause:—

‘(1)	The Secretary of State shall appoint a committee to conduct a review of this Act.

(2)	He must seek to secure that at any time there are not fewer than seven members

of the committee.

(3)	A person may be a member of the committee only if he is a member of the Privy

Council.

(4)	The committee shall complete the review and send a report to the Secretary of

State no later than the end of two years beginning with the day on which this Act

is passed.

(5)	The Secretary of State shall lay a copy of the report before Parliament as soon as

is reasonably practicable.

(6)	The Secretary of State may make payments to persons appointed as members of

the committee.’.

Secretary Jack Straw

120

Page  14,  line  31  [Clause  23],  leave out subsection (3).

Secretary Jack Straw

39

Page  14,  line  39  [Clause  23],  leave out paragraph (c) and insert—

‘(c)	section 12,’.

Secretary Jack Straw

40

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

‘3A	In section 76A (power to vary provisions about election expenses), after

paragraph (d) of subsection (2) there is inserted—

“(e)	section 76ZA(2) above.”’.

Secretary Jack Straw

41

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

‘3B	In section 90ZA (meaning of “election expenses”), for subsection (5) there is

substituted—

“(5)	A reference in this Part of this Act to a candidate at an election, in

relation to election expenses, includes (where the context allows) a

Consideration of Bill: 2 March 2009

231

Political Parties and Elections Bill, continued

reference to a person who becomes a candidate at the election after the

expenses are incurred.”’.

Secretary Jack Straw

29

Page  45,  line  39  [Schedule  4],  at end insert—

‘	In section 149 (inspection of Commission’s registers etc), in subsection (1),

after paragraph (d) there is inserted—

“(e)	paragraph 19 of Schedule 7”.’.

Secretary Jack Straw

42

Page  47,  line  12  [Schedule  5],  at end insert—

‘In section 76A(2), the word “or” at the end of

paragraph (c).’.

Secretary Jack Straw

43

Page  47  [Schedule  5],  leave out lines 13 and 14.

Mr Douglas Hogg

144

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

	‘Representation of the People Act	Section 12 and Schedule 4.’.
	2000 (c. 2)

Secretary Jack Straw

30

Page  47,  line  18  [Schedule  5],  at end insert—

‘In section 149(1), the word “or” at the end of

paragraph (c).’.

Order of the House [20 OCTOBER 2008] as amended

by order of 27 october

That the following provisions shall apply to the Political Parties and Elections Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Consideration of Bill: 2 March 2009

232

Political Parties and Elections Bill, continued

Proceedings in Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 20 November 2008.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

order of the House [9 February 2009]

That the Order of 20 October 2008 (Political Parties and Elections Bill (Programme))

be varied as follows—

       1. Paragraphs 4 and 5 of the Order shall be omitted.

       2. Proceedings on consideration and Third Reading shall be concluded in two

days.

       3. Proceedings on consideration shall be taken on each of those days as shown

in the following Table and in the order so shown.

       4. Each part of the proceedings, shall (so far as not previously concluded) be

brought to a conclusion at the time specified in relation to it in the second

column of the Table.

First day

	Proceedings	Time for conclusion of proceedings
	New Clauses and amendments relating to	Three hours after the commencement of
	Clauses 1 to 3 and Schedules 1 and 2;	proceedings on the Motion for this Order,
	new Clauses and amendments relating to	or 8.30 pm, whichever is the earlier.
	compliance officers for holders of
	elective office.
	New Clauses and amendments relating to	The moment of interruption.
	Clauses 4 to 7; new Clauses and
	amendments relating to Clauses 10 to 12.

---

Revised 2 March 2009