Political Parties and Elections Bill

House of Lords

Session 2008 - 09
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Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
Part 4 — Electoral registration
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Report by Electoral Commission on provision of identifying information
(1)
The Electoral Commission must keep under review the operation of section 26
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—
5
(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,
10
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.
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(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 26 and
any supplementary regulations), as to whether it would help or hinder
20
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—
25
(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
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(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 38(2) bringing section 29 into force.

The Secretary of State may not make such an order if those conditions are not
35
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
40
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
45
on which the requirement is made but not more than two years after that day.

Political Parties and Elections Bill
Part 4 — Electoral registration
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(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 26;
“obligatory” means obligatory for every person registered in a register;
5
“registration objectives” has the same meaning as in section 27;
“supplementary regulations” means regulations under section 27 made
by virtue of subsection (1)(c) of that section.
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Obligatory provision of identifying information
(1)
With effect from the commencement of this section, the amendments made to
10
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—
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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
20
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,”;
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(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,
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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)—
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(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”.
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(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;

Political Parties and Elections Bill
Part 4 — Electoral registration
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(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”;
5
(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.
10
(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
15
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”;
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(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
25
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
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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
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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—
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“(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.
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(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 20
above), in subsection (1)(a)—

Political Parties and Elections Bill
Part 4 — Electoral registration
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(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
5
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—
10
“(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
15
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
20
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—
25
(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
30
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
35
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.”;
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(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 sub-paragraph (8), for “the Chief Electoral Officer for Northern
45
Ireland” there is substituted “a registration officer”.