House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

15

“CORE keeper” has the same meaning as in Part 1 of the Electoral

Administration Act 2006 (c. 22);

“identifying information” has the same meaning as in section

(Voluntary provision of identifying information).
39
Insert the following new Clause—

“Report by Electoral Commission on provision of identifying information

(1)
The Electoral Commission must keep under review the operation of section

(Voluntary provision of identifying information) and any supplementary

regulations.

(2)
In each calendar year beginning with the year after that in which the duties

under that section first arise, the Commission must—

(a)
submit to the Secretary of State a report on the operation of that

section and any supplementary regulations, and

(b)
publish the report in whatever way the Commission think

appropriate.

(3)
A report under this section must contain an assessment by the

Commission—

(a)
as to the adequacy of the electoral registration system in Great

Britain, with particular reference to the effectiveness of registration

officers in meeting the registration objectives;

(b)
as to what (if any) changes with regard to that system would be

necessary or desirable for meeting those objectives if the provision

of identifying information was made obligatory.

(4)
The report for 2014 must contain (as well as the assessment mentioned in

subsection (3))—

(a)
the Commission’s assessment, on the basis of the available evidence

(including in particular evidence as to the operation of section

(Voluntary provision of identifying information) and any

supplementary regulations), as to whether it would help or hinder

the achievement of the registration objectives to make the provision

of identifying information obligatory;

(b)
the Commission’s recommendation as to whether or not the

provision of identifying information should be made obligatory.

(5)
The report for 2014 must be—

(a)
submitted to the Secretary of State by 31 July in that year, and

(b)
laid before Parliament as soon as possible by the Secretary of State.

(6)
If—

(a)
the recommendation in the report for 2014 is that the provision of

identifying information should be made obligatory, and

(b)
the recommendation is approved by a resolution of each House of

Parliament,


the Secretary of State must as soon as reasonably practicable make an order

under section 29(2) bringing section (Obligatory provision of identifying

information) into force.


The Secretary of State may not make such an order if those conditions are

not met.

(7)
If—

16

(a)
the report for 2014 does not contain a recommendation that the

provision of identifying information should be made obligatory, or

(b)
the report does contain such a recommendation, but it is not

approved by a resolution of each House of Parliament,


within 12 months after the day on which the report is submitted by the

Electoral Commission (in the case mentioned in paragraph (a)) or

disapproved in Parliament (in the case mentioned in paragraph (b)), the

Secretary of State must require the Commission to submit, by a specified

date, a further report under this section containing the things mentioned in

subsection (4).

(8)
For the purposes of subsection (7)—

(a)
a report is disapproved in Parliament when either House decides

against resolving to approve the report (or, if both Houses so decide

on different days, when the first of them so decides);

(b)
the date specified by the Secretary of State must be at least one year,

but no more than two years, after the day on which the requirement

under that subsection is imposed.

(9)
Subsections (5)(b) and (6) to (8) apply to a report submitted in response to

a requirement under subsection (7) as they apply to the report for 2014.

(10)
A registration officer must comply with any request made in writing by the

Electoral Commission for assistance that they reasonably require in

connection with the preparation of a report under this section.

(11)
In this section—

“identifying information” has the same meaning as in section

(Voluntary provision of identifying information);

“obligatory” means obligatory for every person registered in a

register;

“supplementary regulations” means regulations under section

(Regulations amending or supplementing section (Voluntary provision of

identifying information)) made by virtue of subsection (1)(c) of that

section.”
40
Insert the following new Clause—

“Obligatory provision of identifying information

(1)
With effect from the commencement of this section, the amendments made

to the 1983 Act by section 1 of the Electoral Fraud (Northern Ireland) Act

2002 (c. 13) extend to the whole of the United Kingdom.

(2)
The 1983 Act is amended as follows.

(3)
In section 10 (maintenance of registers: annual canvass)—

(a)
for subsection (4) there is substituted—

“(4)
The form to be used for the purposes of a canvass shall be—

(a)
a form prescribed for those purposes, or

(b)
a form to the same effect.


Paragraph (b) does not apply in Northern Ireland and, in

Great Britain, does not apply if or to the extent that

regulations so provide.”;

(b)
in subsection (4A), for “a canvass in Northern Ireland” there is

substituted “a canvass”;

17

(c)
in subsection (4A)(c), at the beginning of sub-paragraph (ii) there is

inserted “in the case of a canvass in Northern Ireland,”;

(d)
in subsection (4B), for “The Chief Electoral Officer for Northern

Ireland” there is substituted “A registration officer”;

(e)
after that subsection there is inserted—

“(4C)
In relation to each person without a national insurance

number to whom the form mentioned in subsection (4)

above relates, regulations may require the form to be

accompanied by such other evidence to identify the person

as may be prescribed.

(4D)
A registration officer shall keep a record showing the

information obtained under subsection (4A) above or by

virtue of subsection (4C) above.”

(4)
In section 10ZB (the relevant registration objectives)—

(a)
in the heading, the words “(Northern Ireland)” are omitted;

(b)
in subsection (3), for “the Chief Electoral Officer for Northern

Ireland” there is substituted “a registration officer”;

(c)
in subsections (4) and (5)(a), for “the Chief Electoral Officer” there

is substituted “the registration officer concerned”.

(5)
In section 10A (maintenance of registers: registration of electors)—

(a)
in subsection (1A), the words “in respect of an address in Northern

Ireland” are omitted;

(b)
in subsection (1A)(c), at the beginning of sub-paragraph (ii) there is

inserted “in the case of an application for registration in respect of

an address in Northern Ireland,”;

(c)
in subsection (1B), for “The Chief Electoral Officer for Northern

Ireland” there is substituted “A registration officer”;

(d)
after that subsection there is inserted—

“(1C)
In relation to each person without a national insurance

number to whom an application for registration relates,

regulations may require the application to be accompanied

by such other evidence to identify the person as may be

prescribed.

(1D)
A registration officer shall keep a record showing the

information obtained under subsection (1A) above or by

virtue of subsection (1C) above.”;

(e)
in subsection (2)(a), for the words from “the form” to “in a register”

there is substituted “a completed form specifies any person as a

person who is entitled to be registered in a register in respect of a

particular address”;

(f)
in subsection (5)(a), for sub-paragraph (i) there is substituted—

“(i)
no canvass form was returned showing the

elector as resident at that address on that

date, or”;

(g)
in subsection (5A), for the words in paragraph (a) from the

beginning to “does not include” there is substituted “a canvass form

has been returned showing the elector as resident at that address

but the form does not include”;

18

(h)
in subsection (7), for the words after “in cases where” there is

substituted “no canvass form has been returned in respect of the

person in question”;

(i)
in subsection (9), before the definition of “determines” there is

inserted—

““canvass form” means the form mentioned in section

10(4) above;”.

(6)
In section 13A (alteration of registers)—

(a)
in subsection (2A), the words “in respect of an address in Northern

Ireland” are omitted;

(b)
in subsection (2A)(c), at the beginning of sub-paragraph (ii) there is

inserted “in the case of an application for registration in respect of

an address in Northern Ireland,”;

(c)
in subsection (2B), for “The Chief Electoral Officer for Northern

Ireland” there is substituted “A registration officer”.

(d)
after that subsection there is inserted—

“(2C)
In relation to each person without a national insurance

number to whom an application for registration under

subsection (1)(a) above relates, regulations may require the

application to be accompanied by such other evidence to

identify the person as may be prescribed.

(2D)
A registration officer shall keep a record showing the

information obtained under subsection (2A) above or by

virtue of subsection (2C) above.”

(7)
In section 13BB (election falling within canvass period) (inserted by section

16 above), in subsection (1)(a)—

(a)
for “the form returned in respect of an address (“the relevant

address”)” there is substituted “a form”;

(b)
for “an application for registration is treated as having been made

in respect of that address” there is substituted “an application for

registration in respect of a particular address (“the relevant

address”) is treated as having been made”.

(8)
In section 13D (provision of false information), in subsection (2), for “the

Chief Electoral Officer for Northern Ireland” there is substituted “a

registration officer”.

(9)
In section 201 (regulations), after subsection (2A) there is inserted—

“(2B)
In the case of regulations under section 10(4C), 10A(1C) or 13A(2C),

in carrying out the consultation required by section 7 of the Political

Parties, Elections and Referendums Act 2000 the Secretary of State

shall seek the views of the Electoral Commission as to whether the

provision to be made by the regulations would help or hinder the

achievement of the registration objectives (within the meaning

given by section 10ZB).”

(10)
In Schedule 2 (provisions which may be contained in regulations as to

registration etc), in paragraph 1—

(a)
after sub-paragraph (4) there is inserted—

“(4ZA)
Provisions for the disclosure (otherwise than by virtue of

sub-paragraph (4) above) by the authority responsible for

national insurance numbers (the “relevant authority”) to

19

a registration officer or a CORE keeper, following a

request by that person, of—

(a)
the national insurance number recorded in

respect of an individual specified or described in

the request, or the fact that the individual is not

recorded as having a national insurance number,

and

(b)
in the case of such an individual recorded as

having a national insurance number, any further

information about the individual that is recorded

by the relevant authority,


for the purpose of checking the accuracy of any

information that appears in a register or other record kept

by a registration officer or checking a person’s

entitlement to be registered in such a register.

  (4ZB)
Provisions authorising the relevant authority to charge

fees to a person making a request of the kind mentioned

in sub-paragraph (4ZA) to cover the authority’s

reasonable expenses in complying with such requests.

  (4ZC)
Provisions for the disclosure by a CORE keeper to a

registration officer, for the purpose mentioned in sub-

paragraph (4ZA), of information within paragraph (a) or

(b) of that sub-paragraph.”;

(b)
in sub-paragraph (4A), for “such authority or person” there is

substituted “authority or person within paragraph (a) or (b) of sub-

paragraph (4)”, and for “such records” there is substituted “any

records within sub-paragraph (4)”;

(c)
in sub-paragraph (5), for “sub-paragraph (4) or (4A)” there is

substituted “sub-paragraph (4), (4ZA) or (4A)”;

(d)
for sub-paragraph (6) there is substituted—

  “(6)
But provision made under sub-paragraph (4ZA), (4ZC)

or (4A) may not permit information obtained by a

registration officer or CORE keeper under that provision

to be disclosed by the officer or CORE keeper except—

(a)
for the purpose mentioned in sub-paragraph

(4ZA) or, as the case may be, sub-paragraph (4A),

or

(b)
for the purposes of any criminal or civil

proceedings,


or, in the case of information obtained by a registration

officer, to a person to whom the officer may delegate

functions.”;

(e)
after sub-paragraph (6) there is inserted—

“(6A)
In sub-paragraphs (4ZA) and (4ZB) “CORE keeper” has

the same meaning as in Part 1 of the Electoral

Administration Act 2006.”;

(f)
sub-paragraph (8) is omitted.”

(11)
In paragraph 13 of that Schedule, for sub-paragraph (1ZA) there is

substituted—