|
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| |
| | |
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| “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 |
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| (Voluntary provision of identifying information). |
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39 | Insert the following new Clause— |
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| “Report by Electoral Commission on provision of identifying information |
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| (1) | The Electoral Commission must keep under review the operation of section |
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| (Voluntary provision of identifying information) and any supplementary |
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| |
| (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 |
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| |
| (3) | A report under this section must contain an assessment by the |
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| |
| (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 |
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| |
| (a) | the Commission’s assessment, on the basis of the available evidence |
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| (including in particular evidence as to the operation of section |
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| (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— |
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| (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. |
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| |
| (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 |
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| |
| | the Secretary of State must as soon as reasonably practicable make an order |
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| under section 29(2) bringing section (Obligatory provision of identifying |
|
| |
| | The Secretary of State may not make such an order if those conditions are |
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| |
| |
|
|
| |
| | |
|
| (a) | the report for 2014 does not contain a recommendation that the |
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| 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 |
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| Secretary of State must require the Commission to submit, by a specified |
|
| date, a further report under this section containing the things mentioned in |
|
| |
| (8) | For the purposes of subsection (7)— |
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| (a) | a report is disapproved in Parliament when either House decides |
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| against resolving to approve the report (or, if both Houses so decide |
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| 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 |
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| under that subsection is imposed. |
|
| (9) | Subsections (5)(b) and (6) to (8) apply to a report submitted in response to |
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| a requirement under subsection (7) as they apply to the report for 2014. |
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| (10) | A registration officer must comply with any request made in writing by the |
|
| Electoral Commission for assistance that they reasonably require in |
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| connection with the preparation of a report under 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 |
|
| |
| “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 |
|
| |
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. |
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| (3) | In section 10 (maintenance of registers: annual canvass)— |
|
| (a) | for subsection (4) there is substituted— |
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| “(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 |
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| |
|
|
| |
| | |
|
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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”; |
|
|
|
| |
| | |
|
| (h) | in subsection (7), for the words after “in cases where” there is |
|
| substituted “no canvass form has been returned in respect of the |
|
| |
| (i) | in subsection (9), before the definition of “determines” there is |
|
| |
| ““canvass form” means the form mentioned in section |
|
| |
| (6) | In section 13A (alteration of registers)— |
|
| (a) | in subsection (2A), the words “in respect of an address in Northern |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
|
|
| |
| | |
|
| 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, |
|
| |
| (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), |
|
| |
| (b) | for the purposes of any criminal or civil |
|
| |
| | or, in the case of information obtained by a registration |
|
| officer, to a person to whom the officer may delegate |
|
| |
| (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 |
|
| |
|