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Political Parties and Elections Bill


Political Parties and Elections Bill
Part 3 — Elections

22

 

20      

Election expenses: guidance by Commission

In Schedule 4A to the 1983 Act (election expenses), in paragraph 14 (guidance

by Electoral Commission), for the words in sub-paragraph (1) from “giving

guidance” to the end there is substituted “giving—

(a)   

guidance as to the matters which do, or do not, fall within

5

Part 1 or Part 2 of this Schedule;

(b)   

guidance (supplementing the definition in section 90ZA(3)

above) as to the cases or circumstances in which expenses are,

or are not, to be regarded as incurred for the purposes of a

candidate’s election.”

10

Part 3

Elections

21      

Election falling within canvass period

(1)   

After section 13BA of the 1983 Act there is inserted—

“13BB   

  Election falling within canvass period

15

(1)   

This section applies where—

(a)   

in connection with a canvass under section 10 above, the form

returned in respect of an address (“the relevant address”) is

completed in such a way that, by virtue of section 10A(2) above,

an application for registration is treated as having been made in

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respect of that address; and

(b)   

notice is published of an election to which section 13B above

applies that is to be held—

(i)   

in an area which includes the relevant address,

(ii)   

during the period starting with 1st July in the year of the

25

canvass and ending with 1st December in that year.

(2)   

The application shall be treated as made—

(a)   

when the notice of election is published (if the canvass form has

already been returned),

(b)   

when the form is returned (if the notice has already been

30

published), or

(c)   

at such other time as may be prescribed.

(3)   

Subsection (2) above does not apply if—

(a)   

the canvass form is returned after the appropriate publication

date; or

35

(b)   

the form is returned too late for the application to be

determined in accordance with regulations on or before that

date (even without there being any delay in dealing with the

application or any objections to the registration).

(4)   

Where, in consequence of the determination of the application, an entry

40

relating to a person falls to be made in (or removed from) a register

covering the relevant address, the registration officer by whom that

register is maintained shall issue, in the prescribed manner, a notice

specifying the appropriate alteration.

 
 

Political Parties and Elections Bill
Part 3 — Elections

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(5)   

Where—

(a)   

in consequence of the determination of the application, a

person’s entry in respect of an address other than the relevant

address falls to be removed from a register maintained by a

registration officer other than the one referred to in subsection

5

(4) above,

(b)   

at the time of the determination, notice has been published of an

election to which section 13B above applies that is to be held—

(i)   

in an area which includes that other address,

(ii)   

during the period starting with 1st July in the year of the

10

canvass and ending with 1st December in that year,

   

and

(c)   

the determination is made before the appropriate publication

date for that election,

   

the other registration officer shall, on being informed of the

15

determination, issue in the prescribed manner a notice specifying the

appropriate alteration.

(6)   

A notice under subsection (4) or (5) above shall be issued on the

appropriate publication date for the election in question, and the

alteration shall take effect as from the beginning of that day.

20

(7)   

A requirement imposed by subsection (4) or (5) above does not apply

if, before the appropriate publication date for the election in question,

the registration officer concerned publishes a revised version of the

register incorporating the appropriate alteration.

(8)   

In this section—

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“the appropriate publication date” has the same meaning as in

section 13B above;

“canvass form” means the form mentioned in subsection (1)(a)

above.

(9)   

For the purposes of this section, a canvass form is “returned” when it is

30

received by the registration officer.”

(2)   

In section 13 of that Act (publication of registers), after subsection (1) there is

inserted—

“(1A)   

Subsection (1)(a) above has effect, in the case of a registration officer

acting for an area in which (or in part of which) an election to which

35

section 13B below applies is held during the period—

(a)   

starting with 1st July in the year in question, and

(b)   

ending with 1st December in that year,

   

as if for “1st December in that year” there were substituted “1st

February in the following year”.”

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22      

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)—

45

(a)   

sub-paragraph (b) of paragraph (2) is omitted;

 
 

Political Parties and Elections Bill
Part 3 — Elections

24

 

(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—

(a)   

full names, and

5

(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—

(a)   

may contain a statement made and signed by the

10

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

the United Kingdom, the country within which it is

15

situated).”

(3)   

In rule 11 (right to attend nomination)—

(a)   

in paragraph (3), after “nomination paper” there is inserted “and

associated home address form”;

(b)   

after paragraph (4) there is inserted—

20

“(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)—

(a)   

after “consent to it” there is inserted “and the home address form”;

25

(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)

there is inserted—

30

“(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

(b)   

the information mentioned in rule 6(5)(b).

35

           

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—

(a)   

two or more of the names shown on the statement are the

40

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

of them,

45

 
 

Political Parties and Elections Bill
Part 3 — Elections

25

 

           

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

statement, the returning officer shall consult any person whose

5

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)

must not be questioned in any proceedings other than proceedings

10

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—

“Destruction of home address forms

15

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

(b)   

if an election petition questioning the election or return is

20

presented before that day, on the next working day following

the conclusion of proceedings on the petition or on appeal

from such proceedings.”

23      

Disposal of election documents in Scotland

In the 1983 Act—

25

(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—

“58   (1)  

This rule modifies rules 55 to 57 in relation to elections in

30

Scotland.

      (2)  

In relation to such elections—

(a)   

the documents mentioned in rule 55(1)—

(i)   

are not to be forwarded by the returning

officer as required by that rule,

35

(ii)   

instead, are to remain in the returning officer’s

custody (and be endorsed by the officer as

required by that rule),

(b)   

the references in rules 56 and 57 to the relevant

registration officer are to be read as references to the

40

returning officer (and rule 55(1A) is to be

disregarded),

(c)   

the reference in rule 57(1) to the documents to be

retained is to be read as a reference to the documents

 
 

Political Parties and Elections Bill
Part 3 — Elections

26

 

remaining in the returning officer’s custody under

sub-paragraph (a)(ii).”

24      

Filling vacant European Parliament seats in Northern Ireland

(1)   

In section 5 of the European Parliamentary Elections Act 2002 (c. 24) (filling

vacant seats), after subsection (3) there is inserted—

5

“(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

by the nominating officer of that party;

10

(b)   

where the previous MEP stood in the names of two or more

registered parties when elected (or most recently elected), by a

person jointly nominated by the nominating officers of those

parties;

(c)   

where paragraph (a) or (b) does not apply but the previous MEP

15

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)—

“nominating officer”, in relation to a registered party, means the

20

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

register;

25

“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

provision comes into force and in respect of which notice of a by-election has

30

not been published at that time.

25      

Returning officers for elections to the European Parliament

(1)   

Section 6 of the European Parliamentary Elections Act 2002 (returning officers)

is amended as follows.

(2)   

In subsection (2) (returning officer for electoral region in England etc), in

35

paragraph (a), after “the Representation of the People Act 1983 (c. 2)” there is

inserted “or is the proper officer of the Greater London Authority for the

purposes of section 35(2C) of that Act”.

(3)   

In subsection (5A) (meaning of “local returning officer”), for paragraph (a)

there is substituted—

40

“(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

district councils,

45

(iii)   

elections to the Council of the Isles of Scilly, or

 
 

Political Parties and Elections Bill
Part 4 — Electoral registration

27

 

(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

for elections of councillors for a local authority in Scotland; or”.

(4)   

After subsection (8) there is inserted—

5

“(9)   

Where functions are conferred on the proper officer of the Greater

London Authority under subsection (5) in relation to the London

electoral region, the Authority must place the services of its employees

at his disposal for the purpose of assisting him in the discharge of those

functions.”

10

Part 4

Electoral registration

Co-ordinated on-line record of electors

26      

Establishment of corporation sole to be CORE keeper

(1)   

Part 1 of the Electoral Administration Act 2006 (c. 22) (co-ordinated on-line

15

record of electors) is amended as follows.

(2)   

In section 1 (CORE schemes: establishment), in subsection (10), for “must be a

public authority” there is substituted “must be—

(a)   

a corporation sole established by an order under section 3A, or

(b)   

some other public authority”.

20

(3)   

After section 3 there is inserted—

“3A     

Establishment of corporation sole to be CORE keeper

(1)   

The Secretary of State may by order establish a corporation sole (“the

corporation”) with a view to its being designated by a CORE scheme as

the CORE keeper.

25

(2)   

The Secretary of State may also by order establish a panel (“the

advisory panel”) to provide advice and support to the corporation.

(3)   

An order under this section may make—

(a)   

provision for and in connection with the appointment of—

(i)   

the occupant of the corporation (“the office-holder”);

30

(ii)   

directors of the corporation (including non-executive

directors);

(iii)   

one or more deputies to the office-holder;

(iv)   

other officers or members of staff of the corporation;

(v)   

members of the advisory panel.

35

(b)   

provision about the terms and conditions of appointment of

persons referred to in paragraph (a) (including provision about

how and by whom those terms and conditions are to be

determined and provision as to their approval);

(c)   

provision about the payment to or in respect of persons referred

40

to in paragraph (a)(i) to (iv) of remuneration, allowances,

 
 

Political Parties and Elections Bill
Part 4 — Electoral registration

28

 

expenses, pensions, gratuities or compensation for loss of

employment;

(d)   

provision about the payment of allowances and expenses to

members of the advisory panel;

(e)   

provision about the acquisition and disposal by the corporation,

5

and in particular the transfer to the corporation by the Secretary

of State, of property, rights and liabilities;

(f)   

provision about the transfer of staff to the corporation by the

Secretary of State;

(g)   

provision about the functions of the corporation and of the

10

advisory panel, and about delegation of functions of the office-

holder;

(h)   

provision requiring the corporation to consult the advisory

panel in relation to particular matters or in particular

circumstances;

15

(i)   

provision about accounts and reports, including—

(i)   

provision requiring accounts and reports of the

corporation to be laid before Parliament and published;

(ii)   

provision about auditing of accounts;

(j)   

provision about the name of the corporation and of the advisory

20

panel;

(k)   

incidental, supplementary, consequential or transitional

provision.

(4)   

An order under this section may add such entries to—

(a)   

the Table in paragraph 3 of Schedule 1 to the Public Records Act

25

1958,

(b)   

Schedule 2 to the Parliamentary Commissioner Act 1967,

(c)   

Schedule 1 to the House of Commons Disqualification Act 1975,

or

(d)   

Schedule 1 to the Northern Ireland Assembly Disqualification

30

Act 1975,

   

as the Secretary of State considers appropriate in consequence of the

establishment of the corporation or the advisory panel.

(5)   

The Secretary of State may make payments to the corporation of such

amounts, at such times and on such conditions (if any) as the Secretary

35

of State considers appropriate.

(6)   

Neither the corporation nor any person referred to in subsection

(3)(a)(i) to (iv) nor the advisory panel is to be regarded as a servant or

agent of the Crown or as enjoying any status, immunity or privilege of

the Crown.”

40

(4)   

In section 6 (CORE schemes: procedure)—

(a)   

in subsection (1), after “section 1” there is inserted “or 3A”;

(b)   

after subsection (5) there is inserted—

“(6)   

An order under section 3A must not be made unless the

Secretary of State first consults—

45

(a)   

the Electoral Commission;

(b)   

the Information Commissioner.”

 
 

 
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