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| | (2) | After Rule 37(1) (ballot paper to be delivered to voter on application) there is |
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| | “(1A) | A ballot paper shall not be delivered to a voter unless he has produced a |
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| | specified document to the presiding officer or a clerk. |
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| | (1B) | Where a voter produces a specified document, the presiding officer or |
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| | clerk to whom it is produced shall deliver a ballot paper to the voter |
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| | unless the officer or clerk decides that the document raises a reasonable |
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| | doubt as to whether the voter is the elector or proxy he represents himself |
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| | (1C) | Where a voter produces a specified document to a presiding officer and |
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| | he so decides, the presiding officer shall refuse to deliver a ballot paper |
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| | |
| | (1D) | Where a voter produces a specified document to a clerk and he so |
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| | decides, he shall refer the matter and produce the document to the |
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| | presiding officer who shall proceed as if the document has been produced |
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| | to him in the first place. |
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| | (1E) | For the purposes of this rule a specified document is one of the |
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| | |
| | (a) | a valid passport issued by the government of the United |
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| | Kingdom or by the government of the Republic of Ireland, |
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| | (b) | a valid licence to drive a motor vehicle granted under Part III of |
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| | the Road Traffic Act 1972 (or part III of the Road Traffic Act |
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| | 1988) (including a provisional licence), or under Article 12 of the |
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| | Road Traffic (Northern Ireland) Order 1981 or any |
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| | corresponding enactment for the time being in force, |
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| | (c) | a credit or debit card with signature, |
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| | (d) | HM Forces identification card, |
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| | (e) | medical card with signature on it, |
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| | (f) | a local authority valid bus pass with signature on it, |
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| | (g) | a valid book for the payment of allowances, benefits or pensions |
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| | if it has a signature in it, |
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| | (h) | a tenant book if it has a signature in it, |
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| | (i) | a certified copy, or extract, of an entry of marriage issued by a |
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| | Registrar General, where the voter producing the copy of an |
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| | extract is a woman married within the period of two years ending |
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| | with the day of the poll concerned. |
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| | In sub-paragraph (i) above “a Registrar General” means the Registrar |
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| | General for England and Wales, the Registrar General of Births, Deaths |
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| | and Marriages for Scotland or the Registrar General for Northern Ireland. |
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| | (1F) | Regulations may make provision varying the list in paragraph (1E) |
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| | (whether by adding or deleting documents or varying any description of |
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| | |
| | (1G) | References in this rule to producing a document are to producing it for |
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| | |
| | (3) | After Rule 38(1) (incapacitated voter’s vote to be marked on ballot paper on |
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| | application) there is inserted— |
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| | “(1A) | Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who |
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| | applies under paragraph (1) above as they apply in the case of a voter who |
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| | applies under Rule 37(1), but reading references to delivering a ballot |
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| |
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| | paper to a voter as references to causing a voter’s vote to be marked on a |
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| | |
| | (4) | After Rule 39(2) (blind voter to be allowed assistance of companion on |
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| | application) there is inserted— |
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| | “(2A) | Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who |
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| | applies under paragraph (1) above as they apply in the case of a voter who |
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| | applies under Rule 37(1), but reading references to delivering a ballot |
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| | paper to a voter as references to granting a voter’s application.”. |
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| | (5) | After Rule 40(1) (person entitled to mark tendered ballot paper after another has |
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| | voted) there is inserted— |
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| | “(1A) | Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a person |
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| | who seeks to mark a tendered ballot paper under paragraph (1) above as |
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| | they apply in the case of a voter who applies for a ballot paper under Rule |
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| | |
| | (1B) | Paragraph (1C) below applies where a presiding officer refuses to deliver |
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| | a ballot paper to a person under paragraph (1C) of Rule 37 (including that |
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| | paragraph as applied by Rule 38 or 39 or this Rule). |
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| | (1C) | The person shall, on satisfactorily answering the questions permitted by |
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| | law to be asked at the poll, nevertheless be entitled, subject to the |
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| | following provisions of this Rule, to mark a ballot paper (in these Rules |
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| | referred to as “a tendered ballot paper”) in the same manner as any other |
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| | |
| | (6) | After Rule 40(4) there is inserted— |
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| | “(5) | A person who marks a tendered ballot paper under paragraph (1C) above |
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| | shall sign the paper, unless it was marked after an application was refused |
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| | |
| | (6) | A paper which is required to be signed under paragraph (5) above and is |
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| | not so signed shall be void.”’. |
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| |
| | Individual voter registration |
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| To move the following Clause:— |
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| | ‘(1) | The Representation of the People Act 1983 is amended as follows— |
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| | (2) | In section 10 (maintenance of registers: annual canvass), after subsection (4) |
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| | |
| | “(4A) | Subject to subsection (4B) below, the information to be obtained by the |
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| | use of such a form for the purpose of a canvass shall include— |
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| | (a) | the signature of each of the persons in relation to whom the form |
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| | |
| | (b) | the date of birth of each such person; and |
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| | (c) | in relation to each such person— |
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| |
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| | (i) | his national insurance number or a statement that he |
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| | |
| | (ii) | any address in the United Kingdom in respect of which |
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| | he is or has applied to be registered (other than the |
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| | address in respect of which the form is completed), and |
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| | the power in subsection (4) above to prescribe a form |
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| | includes power to give effect to the requirements of the |
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| | |
| | (4B) | An electoral officer may dispense with the requirement mentioned in |
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| | subsection (4A)(a) above in relation to any person if he is satisfied that it |
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| | is not reasonably practicable for that person to sign in a consistent and |
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| | distinctive way because of any incapacity of his or because he is unable |
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| | |
| | (3) | In section 10A (maintenance of registers: registration of electors)— |
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| | (a) | after subsection (1) there is inserted— |
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| | “(1A) | Subject to subsection (1B) below, an application for registration |
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| | in respect of an address in the United Kingdom shall include— |
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| | (a) | the signature of each of the persons to whom the |
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| | |
| | (b) | the date of birth of each such person; and |
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| | (c) | in relation to each such person— |
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| | (i) | his national insurance number or a statement |
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| | that he does not have one, |
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| | (ii) | any other address in the United Kingdom in |
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| | respect of which he is or has applied to be |
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| | registered, and the power in subsection (1) |
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| | above to prescribe requirements includes power |
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| | to give effect to the requirements of this |
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| | |
| | (1B) | An electoral registration officer may dispense with the |
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| | requirement mentioned in subsection (1A)(a) above in relation to |
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| | any person if he is satisfied that it is not reasonably practicable |
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| | for that person to sign in a consistent and distinctive way because |
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| | of any incapacity of his or because he is unable to read.”, |
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| | (b) | in subsection (5), at the beginning there is inserted “Subject to subsection |
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| | |
| | (c) | after subsection (5) there is inserted— |
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| | “(5A) | A person’s name is to be removed from the register in respect of |
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| | |
| | (a) | the form mentioned in section 10(4) above in respect of |
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| | that address does not include all the information relating |
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| | to him required by virtue of section 10(4A) above; or |
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| | (b) | the registration officer determines that he is not satisfied |
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| | with the information relating to that person which was |
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| | included in that form pursuant to that requirement.”. |
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| | (d) | in subsection (6), after “above”, there is inserted “or his name is to be |
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| | removed from it by virtue of subsection (5A) above,”, and |
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| | (e) | in subsection (8), after “5”, there is inserted “, (5A)”. |
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| | (4) | In section 13A (alteration of registers), after subsection (2) there is inserted— |
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| |
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| | “(2A) | Subject to subsection (2B) below, an application for registration under |
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| | subsection (1)(a) above in respect of an address in the United Kingdom |
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| | |
| | (a) | the signature of each of the persons to whom the application |
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| | |
| | (b) | the date of birth of each such person; and |
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| | (c) | in relation to each such person— |
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| | (i) | his national insurance number or a statement that he |
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| | |
| | (ii) | any other address in the United Kingdom in respect of |
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| | which he is or has applied to be registered, and the power |
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| | in subsection (1)(a) above to prescribe requirements |
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| | includes power to give effect to the requirements of this |
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| | |
| | (2B) | The Chief Electoral Officer may dispense with the requirement |
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| | mentioned in subsection (2A)(a) above in relation to any person if he is |
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| | satisfied that it is not reasonably practicable for that person to sign in a |
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| | consistent and distinctive way because of any incapacity of his or because |
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| | |
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| | Candidate at parliamentary election may withhold home address from publication |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows. |
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| | (2) | In rule 6 (nomination of candidates)— |
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| | (a) | sub-paragraph (b) of paragraph (2) is omitted; |
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| | (b) | after paragraph (3) there is inserted— |
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| | “(4) | The nomination paper must be accompanied by a form (in this |
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| | Schedule referred to as the “home address form”) which states |
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| | |
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| | (b) | home address in full. |
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| | | Provision in paragraph (1) above about delivery of the |
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| | nomination paper applies also to the home address form. |
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| | (5) | The home address form— |
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| |
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| | (a) | may contain a statement made and signed by the |
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| | candidate that he requires the home address not to be |
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| | |
| | (b) | if it does so, must state the constituency within which |
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| | that address is situated (or, if that address is outside |
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| | the United Kingdom, the country within which it is |
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| | |
| | (3) | In rule 11 (right to attend nomination)— |
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| | (a) | in paragraph (3), after “nomination paper” there is inserted “and |
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| | associated home address form”; |
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| | (b) | after paragraph (4) there is inserted— |
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| | “(5) | The returning officer shall not permit a home address form to |
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| | be inspected otherwise than in accordance with this rule, or for |
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| | some other purpose authorised by law.” |
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| | (4) | In rule 12 (validity of nomination papers), in paragraph (1)— |
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| | (a) | after “consent to it” there is inserted “and the home address form”; |
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| | (b) | after sub-paragraph (a) there is inserted— |
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| | “(aa) | the returning officer decides that the home address |
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| | form does not comply with rule 6(4); or”. |
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| | (5) | In rule 14 (publication of statement of persons nominated), after paragraph (3) |
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| | |
| | “(3A) | In relation to a nominated person in whose case the home address form |
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| | (or, if the person is nominated by more than one nomination paper, any |
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| | of the home address forms) contains— |
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| | (a) | the statement mentioned in rule 6(5)(a), and |
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| | (b) | the information mentioned in rule 6(5)(b), |
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| | | the reference in paragraph (2) to the person’s address shall be read as |
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| | a reference to the information mentioned in rule 6(5)(b).” |
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| | (6) | After paragraph (4) of that rule there is inserted— |
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| | |
| | (a) | two or more of the names shown on the statement are the same |
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| | or so similar as to be likely to cause confusion, |
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| | (b) | paragraph (3A) applies in relation to each of the persons in |
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| | |
| | (c) | the information mentioned in rule 6(5)(b) is the same for each |
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| | |
| | | the returning officer may cause any of their particulars to be shown on |
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| | the statement with such amendments or additions as the officer thinks |
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| | appropriate in order to reduce the likelihood of confusion. |
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| | (4B) | Where it is practicable to do so before the publication of the statement, |
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| | the returning officer shall consult any person whose particulars are to |
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| | be amended or added to under paragraph (4A). |
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| | (4C) | The returning officer must give notice in writing to any person whose |
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| | particulars are amended or added to under paragraph (4A). |
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| | (4D) | Anything done by a returning officer in pursuance of paragraph (4A) |
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| | must not be questioned in any proceedings other than proceedings on |
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| | |
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| |
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| | (4E) | A returning officer must have regard to any guidance issued by the |
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| | Electoral Commission for the purposes of paragraph (4A).” |
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| | (7) | Before rule 54 there is inserted— |
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| | “Destruction of home address forms |
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| | 53A | The returning officer shall destroy each candidate’s home address |
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| | |
| | (a) | on the next working day following the 21st day after the |
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| | officer has returned the name of the member elected; or |
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| | (b) | if an election petition questioning the election or return is |
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| | presented before that day, on the next working day following |
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| | the conclusion of proceedings on the petition or on appeal |
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| | from such proceedings.”’. |
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| |
| | Personal details on the register of electors |
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| |
| | |
| To move the following Clause:— |
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| | ‘In section 9 of the 1983 Act (c. 2) (register of electors), at end of 2(c) there is |
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| | inserted “date of birth, national insurance number or a statement that he does not |
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| | have one, and the person’s signature or other identifying mark or other material |
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| | as the registration officer may direct.”.’. |
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| | |
| | Agreed to on division 140 |
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| Page 44, line 24 [Schedule 4], at end insert— |
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| | ‘ | In section 65A (false statements in nomination papers etc), in subsection (1), |
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| | after paragraph (a) there is inserted— |
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| | “(aa) | (where the election is a parliamentary election) a statement |
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| | under rule 6(5)(b) of Schedule 1 to this Act which he knows |
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| | to be false in any particular; or”.’. |
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| | |
| | Agreed to on division 141 |
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| Page 44, line 24 [Schedule 4], at end insert— |
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| | ‘ (1) | Section 70 (effect of default in election agent’s appointment) is amended as |
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| | |
| | (2) | In subsection (4)(a), after “the statement as to persons nominated” there is |
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| | inserted “(or where, in the case of a parliamentary election, the address is not |
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| | given on that statement, the address as given under rule 6(4) of Schedule 1 to |
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| | |
| | (3) | After subsection (6) there is inserted— |
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| | “(7) | In the case of a parliamentary election, subsection (6) above applies |
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| | whether or not a statement has been made under rule 6(5) of Schedule |
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| | 1 to this Act requiring the candidate’s home address not to be made |
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| |
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| | |
| Page 44, line 24 [Schedule 4], at end insert— |
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| | ‘ (1) | Schedule 1 (parliamentary elections rules) is amended as follows. |
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| | (2) | In rule 6 (nomination of candidates), in paragraph (2)(a) after “names,” there |
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| | |
| | (3) | In rule 14A (correction of minor errors)— |
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| | (a) | in paragraph (1), after “nomination paper” there is inserted “or home |
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| | |
| | (b) | in paragraph (2), after sub-paragraph (b) there is inserted— |
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| | “(c) | in the home address form, errors as to the |
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| | information mentioned in rule 6(5)(b).” |
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| | (4) | In the Appendix of forms, in the Form of nomination paper, in the first table |
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| | following the words “candidate at the said election”, the final column (home |
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| | |
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