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Political Parties and Elections Bill


FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 1st April 2009, as follows—

Clauses 14 to 25
Schedules 5 and 6
Clauses 26 to 30

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 14

 

LORD TYLER

 

LORD RENNARD

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

After Clause 14

 

LORD CAMPBELL-SAVOURS

121Insert the following new Clause—
  "Election expenses incurred for person not yet a candidate
(1)  In the Representation of the People Act 1983 (c. 2) ("the 1983 Act") section 90ZA (meaning of "election expenses") is amended as follows.
(2)  In subsection (1)—
(a)  for "subject to subsection (2)" there is substituted "subject to subsections (1A) and (2)";
(b)  the words "after the date when he becomes a candidate at the election" are omitted.
(3)  After that subsection there is inserted—
"(1A)  In relation to a candidate at—
(a)  a parliamentary by-election, or
(b)  a local government election,
 a reference in this Part of this Act to election expenses does not include expenses incurred in respect of any matter which is used on or before the date when the person becomes a candidate at the election."
(4)  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 reference to a person who becomes a candidate at the election after the expenses are incurred."
(5)  The amendments made by this section do not apply to any expenses incurred before the commencement of this section."
 

Clause 17

 

LORD TYLER

 

LORD RENNARD

 

LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.
 

After Clause 17

 

LORD BATES

 

LORD HENLEY

 

LORD NORTON OF LOUTH

122Insert the following new Clause—
  "Opting in to the edited electoral register
(1)  In Regulation 93 (edited version of the register) of the Representation of the People (England and Wales) (Amendment) Regulations 2002 (S.I. 2002/1871) for paragraph (2) there is substituted—
"(2)  The edited register shall include the names and address of any elector whose details are included in the full register only if a request has been expressly made in the form referred to in section 10(4) of the 1983 Act or in accordance with Regulation 26 above by or on behalf of that elector for his or her name and address to be included in the edited register.""
 

LORD HODGSON OF ASTLEY ABBOTTS

123Insert the following new Clause—
  "Qualifying period for overseas electors
(1)  The Representation of the People Act 1985 (as amended by the Representation of the People Act 2000) shall be amended as follows.
(2)  In section 1(3) and(4) (conditions to be satisfied by British citizen in order to qualify as overseas elector in relation to parliamentary election) for "15 years" there is substituted "20 years".
(3)  In section 3(3) and (4) (conditions to be satisfed by peer in order to qualify as overseas elector in relation to European Parliamentary election), for "15 years" there is substituted "20 years"."
 

LORD NORTON OF LOUTH

124Insert the following new Clause—
  "Abolition of the edited electoral register
(1)  The Secretary of State may, by order, provide that no further edited versions of the electoral register shall be compiled and published.
(2)  The power to make an order under subsection (1) is exercisable by statutory instrument.
(3)  No order may be made under subsection (1) unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament."
125Insert the following new Clause—
  "Overseas qualifications
(1)  The Representation of the People Act 1983 (c. 2) shall be amended as follows.
(2)  In section 14(1) (service qualifications and declarations for registration)—
(a)  after paragraph (c) there is inserted—
"(ca)  is employed in a post outside the United Kingdom in the service of an international organisation of which the United Kingdom or Her Majesty's Government in the United Kingdom is a member,"
(b)  in paragraph (e), after "paragraph (c)," there is inserted "or paragraph (ca)"."
 

Clause 19

 

LORD BROOKE OF SUTTON MANDEVILLE

125ZAPage 19, line 10, at end insert "and registered as a member of that party"
 

After Clause 21

 

LORD BACH

125AInsert the following new Clause—
  "Voluntary provision of identifying information
(1)  In this section "identifying information", in relation to a person, means—
(a)  the person's signature or, if the person is someone to whom subsection (2) applies, an indication to that effect;
(b)  the person's date of birth;
(c)  the person's national insurance number or, if the person has no national insurance number, an indication to that effect.
(2)  This subsection applies to a person for whom it is not reasonably practicable to sign in a consistent and distinctive way because he or she is blind or has some other disability, or cannot read.
(3)  A registration officer, in carrying out his or her functions, including in particular—
(a)  maintaining registers under section 9 of the 1983 Act,
(b)  conducting canvasses under section 10 of that Act, and
(c)  determining applications for registration under section 10A or 13A of that Act,
  must take steps to obtain identifying information from each person who is, or who claims to be, entitled to be or to remain registered in any of the officer's registers.
(4)  The steps taken under subsection (3) to collect identifying information must include—
(a)  asking for the information, and
(b)  explaining how collecting identifying information can help to improve the accuracy of the registers,
  but in taking those steps a registration officer must make clear that it is not obligatory to provide the information.
(5)  A registration officer must keep a record showing the identifying information obtained under this section.
(6)  The duties under this section do not apply at any time before 1 July 2010.
(7)  In this section and sections (Regulations amending or supplementing section (Voluntary provision of identifying information)), (Report by Electoral Commission on provision of identifying information) and (Provision supplementing section (Obligatory provision of identifying information))—
 "register", in relation to a registration officer, means a register maintained by that officer under section 9 of the 1983 Act;
 "registration officer" has the same meaning as in the 1983 Act (see section 8 of that Act) except that it does not include the Chief Electoral Officer for Northern Ireland."
125BInsert the following new Clause—
  "Regulations amending or supplementing section (4>Voluntary provision of identifying information)
(1)  The Secretary of State may by regulations—
(a)  amend subsection (1) or (2) of section (Voluntary provision of identifying information);
(b)  make any other amendments to that section or this section that appear to the Secretary of State to be necessary or desirable in consequence of an amendment made by virtue of paragraph (a);
(c)  make provision supplementing that section.
(2)  The provision that may be made by virtue of subsection (1)(c) includes in particular—
(a)  provision as to forms on which identifying information may be provided;
(b)  provision as to explanations or other material to be provided by registration officers, either on forms of the kind mentioned in paragraph (a) or otherwise;
(c)  provision about the form and manner in which records under section (Voluntary provision of identifying information)(5) are to be kept;
(d)  provision for the disclosure by the authority responsible for national insurance numbers (the "relevant authority") to a registration officer or CORE keeper, following a request by that person, of—
(i)  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
(ii)  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 (including a record under section (Voluntary provision of identifying information)(5));
(e)  provision authorising the relevant authority to charge fees to a person making a request of the kind mentioned in paragraph (d) to cover the authority's reasonable expenses in complying with such requests;
(f)  provision as to action to be taken by a registration officer who suspects (whether as a result of checks of the kind referred to in paragraph (d) or otherwise) that any information collected under section (Voluntary provision of identifying information) is false.
(3)  Regulations under this section may contain transitional or saving provision.
(4)  The power to make regulations under this section is exercisable by statutory instrument.
(5)  Before making regulations under this section, the Secretary of State—
49(a)  must consult the Electoral Commission, and
(b)  in the case of regulations containing provision amending subsection (1) or (2) of section (Voluntary provision of identifying information), must seek the Commission's views as to whether, if it was obligatory for every registered person to provide identifying information, the provision would help or hinder the achievement of the registration objectives.
(6)  For the purposes of this section, the registration objectives are to secure, so far as is reasonably practicable—
(a)  that persons who are entitled to be registered in a register are registered in it,
(b)  that persons who are not entitled to be registered in a register are not registered in it, and
(c)  that none of the information relating to a registered person that appears in a register or other record kept by a registration officer is false.
(7)  The first regulations under this section, and any subsequent ones that amend section (Voluntary provision of identifying information) or this section, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(8)  Any regulations under this section not falling within subsection (7) are subject to annulment in pursuance of a resolution of either House of Parliament.
(9)  In this section—
 "CORE keeper" has the same meaning as in Part 1 of the Electoral Administration Act 2006 (c. 22);
 "false", in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be;
 "identifying information" has the same meaning as in section (Voluntary provision of identifying information);
 "registered person" means a person registered in a register."
 

LORD BATES

 

LORD HENLEY

 

[As an amendment to Amendment 125B]

125BALine 49, at end insert—
"(   )  must consult the Information Commissioner,"
 

LORD BACH

125CInsert 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—
(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,
  the Secretary of State may require the Electoral Commission to submit, by a specified date, a further report under this section containing the things mentioned in subsection (4).
(8)  The date specified under subsection (7) must be at least one year after the day on which the requirement is made but not more than two years after that day.
(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)  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;
 "registration objectives" has the same meaning as in section (Regulations amending or supplementing section (Voluntary provision of identifying information));
 "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."
125DInsert 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";
(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."
(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.";
(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";
(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."
(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 a registration officer or a CORE keeper (within the meaning of Part 1 of the Electoral Administration Act 2006), 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.
(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.";
(b)  in sub-paragraph (5), for "sub-paragraph (4) or (4A)" there is substituted "sub-paragraph (4), (4ZA) or (4A)";
(c)  in sub-paragraph (6), for "sub-paragraph (4A)" there is substituted "sub-paragraph (4ZA) or (4A)";
(d)  in paragraph 1(8), for "the Chief Electoral Officer for Northern Ireland" there is substituted "a registration officer"."
125EInsert the following new Clause—
  "Provision supplementing section (4>Obligatory provision of identifying information)
(1)  Where on the commencement of section (Obligatory provision of identifying information) a person is registered in a register maintained by a registration officer, the person's name is not to be removed from the register by virtue of section 10A(5A) of that Act (canvass form not including required information, etc) until the conclusion of the third canvass to be concluded after the commencement of that section.
(2)  An order bringing section (Obligatory provision of identifying information) into force may—
(a)  repeal any provision of sections (Voluntary provision of identifying information), (Regulations amending or supplementing section (Voluntary provision of identifying information)) and (Report by Electoral Commission on provision of identifying information);
(b)  make amendments to any enactment that are consequential on the coming into force of section (Obligatory provision of identifying information).
(3)  The Secretary of State may (either before, at the same time as or after section (Obligatory provision of identifying information) is brought into force) by regulations—
(a)  amend section 10(4A) or (4B), section 10A(1A) or (1B) or section 13A(2A) or (2B) of the 1983 Act;
(b)  make any other amendments to the 1983 Act that appear to the Secretary of State to be necessary or desirable in consequence of an amendment made by virtue of paragraph (a).
(4)  Regulations under subsection (3)—
(a)  may make different provision for different purposes or different areas;
(b)  may make transitional or saving provision.
(5)  The power to make regulations under subsection (3) is exercisable by statutory instrument.
(6)  Before making regulations under subsection (3) the Secretary of State must—
(a)  consult the Electoral Commission, and
(b)  in the case of regulations containing provision amending section 10(4A) or (4B), section 10A(1A) or (1B) or section 13A(2A) or (2B) of the 1983 Act, seek the Commission's views as to whether the provision would help or hinder the achievement of the registration objectives.
  In paragraph (b) "registration objectives" has the same meaning as in section (Regulations amending or supplementing section (Voluntary provision of identifying information)).
(7)  An order containing provision made by virtue of paragraph (b) of subsection (2), or regulations under subsection (3), may not be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament."

 
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6 May 2009