Political Parties and Elections Bill

House of Lords

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
Part 3 — Elections
23

21
Candidate at parliamentary election may withhold home address from
publication
(1)
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as
follows.
(2)
In rule 6 (nomination of candidates)—
5
(a)
sub-paragraph (b) of paragraph (2) is omitted;
(b)
after paragraph (3) there is inserted—
“(4)
The nomination paper must be accompanied by a form (in
this Schedule referred to as the “home address form”) which
states the candidate’s—
10
(a)
full names, and
(b)
home address in full.

Provision in paragraph (1) above about delivery of the
nomination paper applies also to the home address form.
(5)
The home address form—
15
(a)
may contain a statement made and signed by the
candidate that he requires the home address not to be
made public; and
(b)
if it does so, must state the constituency within which
that address is situated (or, if that address is outside
20
the United Kingdom, the country within which it is
situated).”
(3)
In rule 11 (right to attend nomination)—
(a)
in paragraph (3), after “nomination paper” there is inserted “and
associated home address form”;
25
(b)
after paragraph (4) there is inserted—
“(5)
The returning officer shall not permit a home address form to
be inspected otherwise than in accordance with this rule, or
for some other purpose authorised by law.”
(4)
In rule 12 (validity of nomination papers), in paragraph (1)—
30
(a)
after “consent to it” there is inserted “and the home address form”;
(b)
after sub-paragraph (a) there is inserted—
“(aa)
the returning officer decides that the home address
form does not comply with rule 6(4); or”.
(5)
In rule 14 (publication of statement of persons nominated), after paragraph (3)
35
there is inserted—
“(3A)
In relation to a nominated person in whose case the home address
form (or, if the person is nominated by more than one nomination
paper, any of the home address forms) contains—
(a)
the statement mentioned in rule 6(5)(a), and
40
(b)
the information mentioned in rule 6(5)(b).

the reference in paragraph (2) to the person’s address shall be read
as a reference to the information mentioned in rule 6(5)(b).”
(6)
After paragraph (4) of that rule there is inserted—
“(4A)
Where—
45

Political Parties and Elections Bill
Part 3 — Elections
24

(a)
two or more of the names shown on the statement are the
same or so similar as to be likely to cause confusion,
(b)
paragraph (3A) applies in relation to each of the persons in
question, and
(c)
the information mentioned in rule 6(5)(b) is the same for each
5
of them,

the returning officer may cause any of their particulars to be shown
on the statement with such amendments or additions as the officer
thinks appropriate in order to reduce the likelihood of confusion.
(4B)
Where it is practicable to do so before the publication of the
10
statement, the returning officer shall consult any person whose
particulars are to be amended or added to under paragraph (4A).
(4C)
The returning officer must give notice in writing to any person
whose particulars are amended or added to under paragraph (4A).
(4D)
Anything done by a returning officer in pursuance of paragraph (4A)
15
must not be questioned in any proceedings other than proceedings
on an election petition.
(4E)
A returning officer must have regard to any guidance issued by the
Electoral Commission for the purposes of paragraph (4A).”
(7)
Before rule 54 there is inserted—
20
“Destruction of home address forms
53A
The returning officer shall destroy each candidate’s home address
form—
(a)
on the next working day following the 21st day after the
officer has returned the name of the member elected; or
25
(b)
if an election petition questioning the election or return is
presented before that day, on the next working day following
the conclusion of proceedings on the petition or on appeal
from such proceedings.”
22
Disposal of election documents in Scotland
30
In the 1983 Act—
(a)
in section 63 (breach of official duty), in subsection (3)(b), the words
“sheriff clerk,” are omitted;
(b)
in Schedule 1 (parliamentary elections rules), for rule 58 there is
substituted—
35
“58   (1)
This rule modifies rules 55 to 57 in relation to elections in
Scotland.
      (2)
In relation to such elections—
(a)
the documents mentioned in rule 55(1)—
(i)
are not to be forwarded by the returning
40
officer as required by that rule,
(ii)
instead, are to remain in the returning officer’s
custody (and be endorsed by the officer as
required by that rule),

Political Parties and Elections Bill
Part 3 — Elections
25

(b)
the references in rules 56 and 57 to the relevant
registration officer are to be read as references to the
returning officer (and rule 55(1A) is to be
disregarded),
(c)
the reference in rule 57(1) to the documents to be
5
retained is to be read as a reference to the documents
remaining in the returning officer’s custody under
sub-paragraph (a)(ii).”
23
Filling vacant European Parliament seats in Northern Ireland
(1)
In section 5 of the European Parliamentary Elections Act 2002 (c. 24) (filling
10
vacant seats), after subsection (3) there is inserted—
“(4)
As regards a seat in Northern Ireland, the regulations may, in specified
circumstances, require it to be filled as follows—
(a)
where the previous MEP stood in the name of a registered party
when elected (or most recently elected), by a person nominated
15
by the nominating officer of that party;
(b)
where paragraph (a) does not apply but the previous MEP gave
a notice in accordance with regulations under this Act naming
one or more persons as substitutes, by a person so named.
(5)
In subsection (4)—
20
“nominating officer”, in relation to a registered party, means the
person registered as its nominating officer under the Political
Parties, Elections and Referendums Act 2000 in the Northern
Ireland register (within the meaning of that Act);
“registered party” means a party registered under that Act in that
25
register;
“the previous MEP”, in relation to a vacancy, means the person
who was the MEP immediately before the vacancy arose.”
(2)
Regulations containing provision made by virtue of this section may specify
that the provision has effect in relation to any seat that is vacant at the time the
30
provision comes into force and in respect of which notice of a by-election has
not been published at that time.
24
Local returning officers for elections to the European Parliament
In section 6 of the European Parliamentary Elections Act 2002 (returning
officers), in subsection (5A) (meaning of “local returning officer”), for
35
paragraph (a) there is substituted—
“(a)
a person who, by virtue of section 35 of the Representation of
the People Act 1983, is a returning officer for—
(i)
elections of councillors of a district or London borough,
(ii)
elections of councillors of a county in which there are no
40
district councils,
(iii)
elections to the Council of the Isles of Scilly, or
(iv)
elections of councillors of a county or county borough in
Wales,

or who by virtue of section 41 of that Act is a returning officer
45
for elections of councillors for a local authority in Scotland; or”.

Political Parties and Elections Bill
Part 4 — Electoral registration
26

Part 4
Electoral registration
Co-ordinated on-line record of electors
25
CORE information and action to be taken by electoral registration officers
(1)
Section 2 of the Electoral Administration Act 2006 (c. 22) (co-ordinated on-line
5
record of electors: use of information) is amended as follows.
(2)
In subsection (6)—
(a)
in paragraph (b), after “is requested” there is inserted “in respect of the
same address or”;
(b)
in paragraph (c), for “acts as” there is substituted “is appointed as, or
10
votes as,”.
(3)
After subsection (6) there is inserted—
“(6A)
A CORE scheme may require that where a CORE keeper informs an
ERO as mentioned in subsection (5), or informs an ERO of any
suspicions that the CORE keeper has concerning the commission of an
15
offence under the 1983 Act or other impropriety—
(a)
the ERO must take such steps (if any) as appear to the ERO to
be appropriate in response to being so informed;
(b)
the ERO must notify the CORE keeper of the steps taken (or of
the reasons for not taking any), within such period and in such
20
form and manner as is specified—
(i)
in the scheme, or
(ii)
by the CORE keeper in accordance with the scheme.”
(4)
In subsection (7)(b), after “relating to the person” there is inserted “, or to any
such suspicions as are mentioned in subsection (6A),”.
25
(5)
In subsection (11)—
(a)
for “must not authorise” there is substituted “must not—
(a)
authorise”;
(b)
at the end there is inserted—
“(b)
authorise one ERO to supply information to another.”
30
Identifying information
26
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;
35
(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
40
other disability, or cannot read.

Political Parties and Elections Bill
Part 4 — Electoral registration
27

(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
5
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
10
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
15
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 27, 28 and 30—
20
“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.
25
27
Regulations amending or supplementing section 26
(1)
The Secretary of State may by regulations—
(a)
amend subsection (1) or (2) of section 26;
(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
30
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
35
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
40
26(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
45
individual specified or described in the request, or the fact that

Political Parties and Elections Bill
Part 4 — Electoral registration
28

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,
5

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 26(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
10
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 26 is false.
(3)
Regulations under this section may contain transitional or saving provision.
15
(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—
(a)
must consult the Electoral Commission, and
(b)
in the case of regulations containing provision amending subsection (1)
20
or (2) of section 26, 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
25
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
30
(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 26 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
35
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
40
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 26;
45
“registered person” means a person registered in a register.