Electoral Fraud (Northern Ireland) Bill
AMENDMENTS
TO BE MOVED
ON REPORT
| | THE LORD WILLIAMS OF MOSTYN |
| Page 1, line 11, at end insert "and |
| (c) | in relation to each such person— |
| (i) | his national insurance number or a statement that he does not have one, |
| (ii) | a statement of whether or not he has been resident in Northern Ireland for the whole of the three-month period ending on the 15th October in the year in question, and |
| (iii) | 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)," |
| Page 2, line 6, at end insert "and |
| (c) | in relation to each such person— |
| (i) | his national insurance number or a statement that he does not have one, |
| (ii) | a statement of whether or not he has been resident in Northern Ireland for the whole of the three-month period ending on the date of the application, and |
| (iii) | any other address in the United Kingdom in respect of which he is or has applied to be registered," |
| Page 2, line 15, at end insert— |
| "( ) | in subsection (5), at the beginning there is inserted "Subject to subsection (5A) below,"" |
| Page 2, leave out lines 17 to 21 and insert— |
| ""(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."," |
| Page 2, line 22, leave out ""(5)" there is inserted "or (5A)"" and insert ""above," there is inserted "or his name is to be removed from it by virtue of subsection (5A) above,"" |
| Page 2, line 30, at end insert "and |
| (c) | in relation to each such person— |
| (i) | his national insurance number or a statement that he does not have one, |
| (ii) | a statement of whether or not he has been resident in Northern Ireland for the whole of the three-month period ending on the date of the application, and |
| (iii) | any other address in the United Kingdom in respect of which he is or has applied to be registered," |
| | THE LORD WILLIAMS OF MOSTYN |
| Page 3, line 5, leave out "to the Chief Electoral Officer for Northern Ireland" |
| | THE LORD WILLIAMS OF MOSTYN |
| Page 3, line 34, leave out "to the Chief Electoral Officer for Northern Ireland" |
| Page 3, line 43, leave out "and"." and insert— |
| "(bc) | the application either states the applicant's national insurance number or states that he does not have one and the registration officer is satisfied as mentioned in subsection (1A) below, and", and |
| (b) | after subsection (1) there is inserted— |
| "(1A) | For the purposes of subsection (1)(bc) above, the registration officer must be satisfied— |
| (a) | if the application states a national insurance number, that the requirements of subsection (1B) below are met, or |
| (b) | if the application states that the applicant does not have a national insurance number, that no such number was supplied as his national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act. |
| (1B) | The requirements of this subsection are met if— |
| (a) | the number stated as mentioned in subsection (1A)(a) above is the same as the one supplied as the applicant's national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, or |
| (b) | no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application."" |
| Page 4, line 1, leave out "to the Chief Electoral Officer for Northern Ireland" |
| Page 4, line 10, leave out "and"." and insert— |
| "(bc) | the application either states the applicant's national insurance number or states that he does not have one and the registration officer is satisfied as mentioned in subsection (1A) below, and", and |
| (b) | after subsection (1) there is inserted— |
| "(1A) | For the purposes of subsection (1)(bc) above, the registration officer must be satisfied— |
| (a) | if the application states a national insurance number, that the requirements of subsection (1B) below are met, or |
| (b) | if the application states that the applicant does not have a national insurance number, that no such number was supplied as his national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act. |
| (1B) | The requirements of this subsection are met if— |
| (a) | the number stated as mentioned in subsection (1A)(a) above is the same as the one supplied as the applicant's national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, or |
| (b) | no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application."" |
| Page 4, line 26, leave out "to the Chief Electoral Officer for Northern Ireland" |
| | THE LORD WILLIAMS OF MOSTYN |
| Insert the following new Clause— |
| | "Regulations as to information about national insurance numbers |
| (1) | In Schedule 2 to the 1983 Act (provisions which may be contained in regulations as to registration), paragraph 1 is amended as follows. |
| (2) | After sub-paragraph (4) there is inserted— |
| "(4A) | Provision for the disclosure (otherwise than by virtue of sub-paragraph (4) above) by the authority responsible for national insurance numbers ("the relevant authority") to the Chief Electoral Officer for Northern Ireland, following a request by him, of— |
| (a) | the national insurance number recorded in respect of an individual specified or described in the request, or of 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 name and former name, date of birth, sex and address as recorded by the relevant authority in respect of the individual in question. |
| (4B) | Provision authorising the relevant authority to charge fees to the Chief Electoral Officer for Northern Ireland to cover the expenses of the relevant authority in complying with such requests." |
| (3) | In sub-paragraph (5), after "sub-paragraph (4)" there is inserted "or (4A)"." |
| | THE LORD WILLIAMS OF MOSTYN |
| Page 5, line 39, leave out from beginning to end of line 14 on page 6 and insert— |
| | ""13D Provision of false information |
| (1) | A person who provides false information pursuant to any requirement of section 10(4A), 10A(1A) or 13A(2A) above— |
| (a) | on a form mentioned in section 10(4) above and returned to the Chief Electoral Officer for Northern Ireland; or |
| (b) | in an application made to him under section 10A or 13A above, |
| (2) | A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence. |
| (3) | In relation to a signature, "false information" for the purposes of subsection (1) means a signature which— |
| (a) | is not the usual signature of; or |
| (b) | was written by a person other than, |
| | the person whose signature it purports to be. |
| (4) | A person does not commit an offence under subsection (1) above if he did not know, and had no reason to suspect, that the information was false. |
| (5) | Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not." |
| | THE LORD WILLIAMS OF MOSTYN |
| Line 2, leave out "and dates of birth" and insert ", dates of birth and national insurance numbers" |
| Line 3, after "Ireland" insert "and of information relating to their period of residence in Northern Ireland and addresses in respect of which they are or have applied to be registered" |
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