Electoral Administration Act 2006

Part 1 — Co-ordinated on-line record of electors

CORE schemes: establishment

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Use of CORE information

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CORE scheme grants

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Electoral Commission

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CORE schemes: supplemental

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CORE schemes: procedure

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Amendment of the 1983 Act

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Interpretation of Part

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Part 2 — Registration of electors

Registration officers: duty to take necessary steps

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• (1) After section 9 of the 1983 Act (registers of electors) insert—

(9A) (1) Each registration officer must take all steps that are necessary for the purpose of complying with his duty to maintain the registers under section 9 above. (2) The steps include— (a) sending more than once to any address the form to be used for the canvass under section 10 below; (b) making on one or more occasions house to house inquiries under subsection (5) of that section; (c) making contact by such other means as the registration officer thinks appropriate with persons who do not have an entry in a register; (d) inspecting any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law; (e) providing training to persons under his direction or control in connection with the carrying out of the duty. (3) Regulations made by the Secretary of State may amend subsection (2) by— (a) varying any of the paragraphs in that subsection; (b) inserting any paragraph; (c) repealing any paragraph.

• (2) Subsection (6) of section 9 of that Act is omitted.

Anonymous registration

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• (1) After section 9A of the 1983 Act (inserted by section 9(1) above) insert—

(9B) (1) This section applies if an application for registration in a register of parliamentary electors or local government electors is made in accordance with the requirements prescribed for the purposes of section 10A(1)(a) below and is accompanied by— (a) an application under this section made in accordance with prescribed requirements (an application for an anonymous entry), (b) a declaration made in accordance with such requirements for the purposes of this section, and (c) such evidence in support of the application for an anonymous entry as may be prescribed. (2) If the registration officer determines that the person is entitled to be registered, he must also determine whether the safety test is satisfied. (3) If the registration officer determines that the safety test is satisfied— (a) section 9(2) above does not apply in relation to the person; and (b) the person's entry in the register shall instead contain letters in the prescribed form and his electoral number. (4) An entry containing the matters mentioned in subsection (3)(b) above is referred to in this Act as an anonymous entry. (5) If an anonymous entry is made in respect of a person, the registration officer shall remove any other entry in the register for that person. (6) If the registration officer does not determine that the safety test is satisfied, no entry is to be made in respect of him in the register (whether an anonymous entry or otherwise). (7) Subsection (6) above does not affect— (a) any other entry in the register for the person; (b) the determination of any further application for registration which is made by the person (including an application which is treated as having been made by him by virtue of section 10A(2) below). (8) Any communication sent by a registration officer or the returning officer for any election to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry. (9) Subsection (8) does not apply to a communication relating only to a local government election in Scotland. (10) The safety test is satisfied if the safety of the applicant for an anonymous entry or that of any other person of the same household would be at risk if the register contains the name of the applicant or his qualifying address. (11) In this section, “determines” means determines in accordance with regulations. (9C) (1) If a person has an anonymous entry in a register, his entitlement to remain registered in pursuance of the application for registration mentioned in section 9B(1) terminates— (a) at the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or (b) if the declaration made for the purposes of section 9B is cancelled at any time before the expiry of that 12 month period, at the time when the declaration is cancelled. (2) Subsection (1) above does not affect the application of any other provision of this Act or of the Representation of the People Act 1985 which has the effect that the person's entitlement to registration terminates before the expiry of the 12 month period mentioned in subsection (1) or before the cancellation of the declaration made for the purposes of section 9B. (3) If a person's entitlement to remain registered terminates by virtue of subsection (1) above, the registration officer concerned shall remove his entry from the register, unless he is entitled to remain registered with an anonymous entry in pursuance of a further application for registration accompanied by a further application under section 9B.

• (2) Part 1 of Schedule 1 (which makes further provision in connection with anonymous registration) has effect.

Alterations of registers: pending elections

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• (1) Section 13B of the 1983 Act (alteration of registers: pending elections) is amended in accordance with subsections (2) to (4).

• (2) For subsection (1) substitute—

(1) If, by virtue of section 13A(2) above, an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.

• (3) For subsection (2) substitute—

(2) Subsection (3) below applies where— (a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of paragraphs (a) to (d) of that subsection; (b) in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and (c) no alteration made in consequence of the determination, requirement or decision— (i) has already taken effect, or (ii) is due to take effect, under subsection (2) of that section on or before the fifth day before the date of the poll.

• (4) After subsection (3) insert—

(3A) Subsection (3B) below applies where— (a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and (b) in consequence of the notification— (i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or (ii) his entry in the register requires to be altered. (3B) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and— (a) the notice shall be so issued by him when he receives the notification; and (b) the alteration shall take effect as from the beginning of the day on which the notice is issued. (3C) Subsection (3D) below applies where— (a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection; (b) the determination was made following a representation made by or on behalf of a person to the registration officer; and (c) in consequence of the determination— (i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or (ii) his entry in the register requires to be altered. (3D) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and— (a) the notice shall be so issued by him when he makes the determination; and (b) the alteration shall take effect as from the beginning of the day on which the notice is issued. (3E) In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.

• (5) In section 56 of the 1983 Act (registration appeals), in subsection (4A) for the words from “13B(3) above” to “returning officer” substitute “ 13B(3) or (3B) above on or before the date of the poll ”.

• (6) Part 2 of Schedule 1 (which contains further amendments of the 1983 Act relating to the alteration of registers) has effect.

Determinations by registration officers and objections

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• (1) In section 7 of the 1983 Act (residence: patients in mental hospitals who are not detained offenders or on remand), after subsection (3)(a) insert—

(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered, or

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• (2) In section 7A of that Act (residence: persons remanded in custody etc.), after subsection (3)(a) insert—

(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered, or

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• (3) In section 7C of that Act (effect of declaration of local connection), after subsection (2)(a) insert—

(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered,

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• (4) In section 10A of that Act (maintenance of registers: registration of electors) after subsection (3) insert—

(3A) Subsection (3) above applies to an objection to a person's registration whether the objection is made before or after the person is registered in the register.

• (5) In that section, in subsection (5)—

• (a) omit the word “duly”;

• (b) for paragraph (b) substitute—

(b) determines that the elector was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above.

• (6) In that section, after subsection (5A) insert—

(5B) A registration officer may, for the purpose of obtaining any information relevant to a determination under subsection (5)(b) above, make such house to house inquiries as he thinks fit.

• (7) In section 15 of that Act (service declaration), after subsection (2)(a) insert—

(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered,

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• (8) In section 56 of that Act (registration appeals), after subsection (1)(a) insert—

(aa) from any decision under this Act of the registration officer (other than on an application for registration or objection to a person's registration) that a person registered in respect of any address was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above,

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Registration of voters with service qualification

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• (1) In section 15 of the 1983 Act (service declaration), after subsection (8) insert—

(9) The Secretary of State may by order provide that, in relation to the persons mentioned in section 14(1)(a) and (d), subsection (2)(a) above has effect as if for the period of 12 months there were substituted such other period (not exceeding five years) as he thinks appropriate. (10) The power to make an order under subsection (9) is exercisable by statutory instrument, which may contain such incidental or consequential provision as the Secretary of State thinks appropriate. (11) No order may be made under subsection (9) unless— (a) the Secretary of State first consults the Electoral Commission, and (b) a draft of the instrument containing the order is laid before, and approved by a resolution of, each House of Parliament. (12) If the period substituted by an order under subsection (9) is longer than the period for the time being in force, the longer period has effect in relation to any person who immediately before the order was made was entitled to remain in a register by virtue of subsection (2).

• (2) In section 59 of that Act (supplemental provisions as to members of forces and service voters), for subsection (3) substitute—

(3) Arrangements must be made by the appropriate government department for securing that every person having a service qualification by virtue of paragraph (a) or (b) of section 14(1) above has (so far as circumstances permit) an effective opportunity of exercising from time to time as occasion may require the rights conferred on him by this Act in relation to— (a) registration in a register of electors (and in particular in relation to the making and cancellation of service declarations); (b) the making and cancellation of appointments of a proxy; (c) voting in person, by post or by proxy. (3A) Arrangements must be made by the appropriate government department for securing that every such person receives such instructions as to the effect of this Act and any regulations made under it, and such other assistance, as may be reasonably sufficient in connection with the exercise by that person and any spouse or civil partner of that person of any rights conferred on them as mentioned above. (3B) In subsections (3) and (3A) “the appropriate government department” means, in relation to members of the forces, the Ministry of Defence, and in relation to any other person means the government department under which he is employed in the employment giving the service qualification. (3C) The Ministry of Defence must maintain, in relation to each member of the forces who provides information relating to his registration as an elector, a record of such information. (3D) The Ministry of Defence must make arrangements to enable each member of the forces to update annually the information recorded under subsection (3C).

• (3) In section 59(4) of that Act, for “subsection (3)” substitute “ subsections (3) and (3A) ”.

Part 3 — Anti-fraud measures

Absent voting: personal identifiers

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• (1) In paragraph 3 of Schedule 4 to the Representation of the People Act 2000 (c. 2) (application for absent vote for definite or indefinite period)—

• (a) in sub-paragraph (1)(b), after “application” insert “ contains the applicant's signature and date of birth and ”;

• (b) in sub-paragraph (2)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;

• (c) after sub-paragraph (7) insert—

(8) The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable— (a) to provide a signature because of any disability the applicant has, (b) to provide a signature because the applicant is unable to read or write, or (c) to sign in a consistent and distinctive way because of any such disability or inability. (9) The registration officer must also keep a record in relation to those whose applications under this paragraph have been granted showing— (a) their dates of birth; (b) except in cases where the registration officer in pursuance of sub-paragraph (8) has dispensed with the requirement to provide a signature, their signatures. (10) The record kept under sub-paragraph (9) must be retained by the registration officer for the prescribed period.

• (2) In paragraph 4 of that Schedule (application for absent vote at particular election)—

• (a) in sub-paragraph (1)(b), after “application” insert “ contains the applicant's signature and date of birth and ”;

• (b) in sub-paragraph (2)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;

• (c) after sub-paragraph (4) insert—

(5) The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable— (a) to provide a signature because of any disability the applicant has, (b) to provide a signature because the applicant is unable to read or write, or (c) to sign in a consistent and distinctive way because of any such disability or inability. (6) The registration officer must keep a record of those whose applications under this paragraph have been granted showing— (a) their dates of birth; (b) except in cases where the registration officer in pursuance of sub-paragraph (5) has dispensed with the requirement to provide a signature, their signatures. (7) The record kept under sub-paragraph (6) must be retained by the registration officer for the prescribed period.

• (3) In paragraph 7 of that Schedule (application for proxy postal vote)—

• (a) in sub-paragraph (5)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;

• (b) after sub-paragraph (10) (as inserted by section 38(6)(b) of this Act) insert—

(11) The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable— (a) to provide a signature because of any disability the applicant has, (b) to provide a signature because the applicant is unable to read or write, or (c) to sign in a consistent and distinctive way because of any such disability or inability.” (12) The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4)(a) or (b) have been granted showing— (a) their dates of birth; (b) except in cases where the registration officer in pursuance of sub-paragraph (11) has dispensed with the requirement to provide a signature, their signatures. (13) The record kept under sub-paragraph (12) must be retained by the registration officer for the prescribed period.

• (4) After paragraph 7 of that Schedule insert—

(7A) (1) A person who remains on the record kept under paragraph 3(4) or 7(6) may, at any time, provide the registration officer with a fresh signature. (2) Anything required or authorised to be done for the purposes of any enactment in relation to a signature required to be provided in pursuance of this Schedule must be done in relation to a signature provided as mentioned in sub-paragraph (1) instead of in relation to a signature provided on any earlier occasion. (7B) Regulations may make provision as to— (a) circumstances in which a registration officer may require a person who remains on the record kept under paragraph 3(4) or 7(6) to provide a fresh signature; (b) the consequences of a person refusing or failing to comply with a requirement to provide a fresh signature. (7C) The registration officer must either — (a) provide the returning officer for an election with a copy of the information contained in records kept by the registration officer in pursuance of paragraphs 3(9), 4(6) and 7(12) in relation to electors at the election, or (b) give the returning officer access to such information. (7D) Information contained in records kept by a registration officer in pursuance of paragraph 3(9), 4(6) or 7(12) may be disclosed by him (subject to any prescribed conditions) to— (a) any other registration officer if he thinks that to do so will assist the other registration officer in the performance of his duties; (b) any person exercising functions in relation to the preparation or conduct of legal proceedings under the Representation of the People Acts; (c) such other persons for such other purposes relating to elections as may be prescribed.

• (5) The Secretary of State may by regulations make provision—

• (a) enabling the registration officer to require an existing absent voter to provide the registration officer with a signature and date of birth;

• (b) as to the consequences of an existing absent voter refusing or failing in such circumstances as are prescribed to provide a signature and date of birth.

• (6) An existing absent voter is a person whose application under any of the following provisions of that Schedule has been granted before this section comes into force—

• paragraph 3(1) or (2);

• paragraph 4(1) or (2);

• paragraph 7(4).

• (7) The regulations—

• (a) may make different provision for different purposes;

• (b) must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) Nothing in this section or the amendments made by it has effect in relation to anything which is done only for the purposes of a local government election in Scotland.

Offences as to false registration information

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• (1) Section 13D of the 1983 Act (provision of false information) is amended in accordance with subsections (2) to (8).

• (2) For subsection (1) substitute—

(1) A person who for any purpose connected with the registration of electors provides to a registration officer any false information is guilty of an offence.

• (3) After subsection (1) (as substituted by subsection (2) above) insert—

(1A) A person who provides false information in connection with an application (other than an application relating only to a local government election in Scotland) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (applications relating to absent voting) applies is guilty of an offence— (a) paragraph 3(1) or (2); (b) paragraph 4(1) or (2); (c) paragraph 7(4).

• (4) In subsection (3) after “subsection (1)” insert “ or (1A) ”.

• (5) In subsection (4) after “subsection (1)” insert “ or (1A) ”.

• (6) In subsection (6)(a) for “six months” substitute “ 51 weeks ”.

• (7) After subsection (6) insert—

(7) In the application of subsection (6)(a) to Scotland and Northern Ireland, the reference to 51 weeks must be taken to be a reference to six months. (8) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 51 weeks must be taken to be a reference to six months.

• (8) With effect from the commencement of this section, section 13D of the 1983 Act extends to the whole of the United Kingdom.

• (9) In section 8 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13) (short title, interpretation, commencement and extent), in subsection (5) after “Act” insert “ (except section 7) ”.

Part 4 — Review of polling places

Review of polling places

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• (1) For section 18 of the 1983 Act (polling districts and places at parliamentary elections) substitute—

(18A) (1) Every constituency is to be divided into polling districts. (2) A relevant authority must— (a) divide its area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in its area, and (b) keep the polling districts under review. (3) The following rules apply— (a) the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances; (b) in England, each parish is to be a separate polling district; (c) in Wales, each community is to be a separate polling district; (d) in Scotland, each electoral ward (within the meaning of section 1 of the Local Governance (Scotland) Act 2004) is to be divided into two or more separate polling districts. (4) Subsection (3)(b) to (d) does not apply if, in any case, there are special circumstances. (5) If an alteration of polling districts in an area is made under this section— (a) the registration officer who acts for the area must make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration, and (b) the alteration is effective on the date on which the registration officer publishes a notice stating that the adaptations have been made by him. (18B) (1) A polling place is to be designated for each polling district in a constituency. (2) But subsection (1) does not apply if the size or other circumstances of a polling district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them. (3) A relevant authority must— (a) designate the polling places for the polling districts in its area, and (b) keep the polling places in its area under review. (4) The following rules apply— (a) the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances; (b) the authority must seek to ensure that so far as is reasonable and practicable every polling place for which it is responsible is accessible to electors who are disabled; (c) the authority must have regard to the accessibility to disabled persons of potential polling stations in any place which it is considering designating as a polling place or the designation of which as a polling place it is reviewing; (d) the polling place for a polling district must be an area in the district, unless special circumstances make it desirable to designate an area wholly or partly outside the district; (e) the polling place for a polling district must be small enough to indicate to electors in different parts of the district how they will be able to reach the polling station. (5) If no polling place is designated for a polling district the polling district is to be taken to be the polling place. (18C) (1) Each relevant authority must complete a review under sections 18A and 18B of all of the polling districts and polling places in its area before the end of the period of 12 months starting with the date on which section 16 of the Electoral Administration Act 2006 comes into force. (2) Subsection (1) does not apply in the case of a polling district or polling place (as the case may be) which is designated for the first time during that period. (3) In such a case, the first review of the polling district or polling place must be completed before the end of the period of four years starting with the date on which that designation is made. (4) The authority must complete a further review of each polling district and polling place in its area before the end of the period of four years starting with the completion of the previous such review. (5) Subsections (1) to (4) do not prevent a relevant authority carrying out at any time a review of a particular polling district or polling place. (6) Schedule A1 has effect in relation to a review. (18D) (1) This section applies if in relation to a constituency in the area of a relevant authority a relevant representation is made to the Electoral Commission by— (a) an interested authority in England and Wales; (b) not less than 30 electors in the constituency; (c) a person (other than the returning officer) who has made representations under Schedule A1; (d) a person who is not an elector in a constituency in the authority's area but who the Commission think has sufficient interest in the accessibility of disabled persons to polling places in the area or has particular expertise in relation to the access to premises or facilities of disabled persons. (2) A relevant representation is a representation that a review under section 18A or 18B has not been conducted by a relevant authority so as to— (a) meet the reasonable requirements of the electors in the constituency or any body of those electors, or (b) take sufficient account of the accessibility to disabled persons of polling stations within a designated polling place. (3) The returning officer for the constituency may make observations on representations made under this section. (4) The Electoral Commission must consider such representations and observations and may, if they think fit— (a) direct the relevant authority to make any alterations to the polling places designated by the review which the Commission think necessary in the circumstances; (b) if the authority fails to make the alterations before the end of the period of two months starting on the day the direction is given, make the alterations themselves. (5) Alterations made by the Electoral Commission under subsection (4) have effect as if they had been made by the relevant authority. (6) An interested authority in relation to a constituency in England and Wales is— (a) in England, the council of a parish, or where there is no such council the parish meeting of a parish, which is wholly or partly situated within the constituency; (b) in Wales, the council of a community which is so situated. (7) The reference in subsection (1)(b) to electors does not include persons who have an anonymous entry in the register of parliamentary electors or local government electors. (18E) (1) This section applies for the purposes of sections 18A to 18D. (2) No election is to be questioned by reason of— (a) any non-compliance with the provisions of those sections, or (b) any informality relative to polling districts or polling places. (3) Each of the following is a relevant authority— (a) in relation to England, the council of a district or London borough; (b) in relation to Scotland, a local authority; (c) in relation to Wales, the council of a county or county borough. (4) The following do not apply to Northern Ireland— (a) section 18A(2) to (5); (b) section 18B(2) to (5); (c) sections 18C and 18D, and in Northern Ireland the polling districts and polling places are those for the time being established under the law relating to local elections within the meaning of section 130 of the Electoral Law Act (Northern Ireland) 1962.

• (2) Before Schedule 1 to that Act (parliamentary elections rules) insert—

SCHEDULE A1 (1) The relevant authority must publish notice of the holding of a review. (2) The authority must consult the returning officer for every parliamentary election held in a constituency which is wholly or partly in its area. (3) (1) Every such returning officer must make representations to the authority. (2) The representations must include information as to the location of polling stations (existing or proposed) within polling places (existing or proposed). (3) The representations must be published in such manner as is prescribed. (4) (1) The authority must seek representations from such persons as it thinks have particular expertise in relation to access to premises or facilities for persons who have different forms of disability. (2) Such persons must have an opportunity— (a) to make representations; (b) to comment on the returning officer's representations. (5) Any elector in a constituency situated in whole or in part in the authority's area may make representations. (6) Representations made by any person in connection with a review of polling places may include proposals for specified alternative polling places. (7) On completion of a review the authority must— (a) give reasons for its decisions in the review; (b) publish such other information as is prescribed.

Part 5 — Standing for election

Minimum age

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• (1) A person is disqualified for membership of the House of Commons if, on the day on which he is nominated as a candidate, he has not attained the age of 18.

• (2) Subject to an order made by the House of Commons under section 6(2) of the House of Commons Disqualification Act 1975 (c. 24) as applied by subsection (3), if a person disqualified by subsection (1) for membership of that House is elected as a member of that House his election is void.

• (3) Sections 6(2) to (4) and 7 of that Act apply in the case of a person disqualified by subsection (1) as they apply in the case of a person disqualified by that Act, and references in those sections to a person disqualified by that Act must be construed as including references to a person disqualified by subsection (1).

• (4) In section 79(1) of the Local Government Act 1972 (c. 70) (qualifications for election and holding office as a member of a local authority) for “twenty-one” substitute “ eighteen ”.

• (5) In section 20(3) of the Greater London Authority Act 1999 (c. 29) (minimum age for election as Mayor or Assembly member) for “21” substitute “ 18 ”.

• (6) In section 3(1) of the Local Government Act (Northern Ireland) 1972 (C. 9) (qualifications for election and holding office as a councillor) for “twenty-one” substitute “ eighteen ”.

• (7) The following enactments (which disqualify a person who has not attained the age of 21 for election as a Member of Parliament), so far as not previously repealed, cease to have effect—

• (a) section 7 of the Parliamentary Elections Act 1695 (c. 25);

• (b) the Election Act 1707 (cap. 8);

• (c) section 74 of the Parliamentary Elections (Ireland) Act 1823 (c. 55).

• (8) In section 6 of the Union with Scotland Act 1706 (c. 11) the words “It is always hereby expressly provided and declared that none shall be capable to elect or be elected for any of the said estates but such as are twenty one years complete” do not apply for the purpose of fixing the minimum age at which a person may be elected as a member of the House of Commons.

Certain Commonwealth citizens

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• (1) In section 3 of the Act of Settlement (1700 c. 2), the words from “That after the said limitation shall take effect” to “in trust for him.” (which impose certain disqualifications) do not apply (so far as they relate to membership of the House of Commons) to a person who is—

• (a) a qualifying Commonwealth citizen, or

• (b) a citizen of the Republic of Ireland.

• (2) For the purposes of subsection (1), a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

• (a) is not a person who requires leave under the Immigration Act 1971 (c. 77) to enter or remain in the United Kingdom, or

• (b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

• (3) But a person is not a qualifying Commonwealth citizen by virtue of subsection (2)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

• (4) Subject to an order made by the House of Commons under section 6(2) of the House of Commons Disqualification Act 1975 (c. 24) as applied by subsection (5)—

• (a) if a person disqualified for membership of that House by virtue of section 3 of the Act of Settlement (1700 c. 2) as modified by this section is elected as a member of that House his election is void;

• (b) if a person being a member of that House becomes so disqualified for membership his seat is vacated.

• (5) Sections 6(2) to (4) and 7 of the House of Commons Disqualification Act 1975 apply in the case of a person disqualified as mentioned in subsection (4) as they apply in the case of a person disqualified by that Act, and references in those sections to a person disqualified by that Act must be construed as including references to a person disqualified as mentioned in subsection (4).

• (6) Part 3 of Schedule 1 (which contains further amendments relating to standing for election) has effect.

• (7) In Schedule 7 to the British Nationality Act 1981 (c. 61), the entry relating to the Act of Settlement is omitted.

Nomination procedures

19

• (1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

• (2) In rule 1 (timetable), in the entry in the second column in respect of “Publication of statement of persons nominated”, for the words from “at the close of” to the end substitute

— (a) if no objections to nomination papers are made, at the close of the time for doing so, or (b) if any such objections are made, not before they are disposed of but not later than 24 hours after the last time for delivery of nomination papers.

• (3) In rule 5 (notice of election), after paragraph (1) insert—

(1A) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 9 below to be made by means of the electronic transfer of funds.

• (4) In rule 6 (nomination of candidates), in paragraph (3)(a)—

• (a) the words “(of not more than 6 words in length)” are omitted;

• (b) after “rule 6A(1)” insert “ or (1B) ”.

• (5) In rule 9 (deposit), in paragraph (2)(c) after “manner” insert “ (including by means of a debit or credit card or the electronic transfer of funds) ”.

• (6) In rule 12 (validity of nomination papers), in paragraph (3) for the words from “as soon as practicable” to the end substitute

— (a) as soon as practicable after it is made, and (b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.

• (7) In that rule, in paragraph (3A) for the words from “as soon as practicable” to the end substitute

— (a) as soon as practicable after delivery of the nomination paper, and (b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.

• (8) After rule 14 insert—

(14A) (1) A returning officer may, if he thinks fit, at any time before the publication under rule 14 above of the statement of persons nominated, correct minor errors in a nomination paper. (2) Errors which may be corrected include— (a) errors as to a person's electoral number; (b) obvious errors of spelling in relation to the details of a candidate. (3) Anything done by a returning officer in pursuance of this rule must not be questioned in any proceedings other than proceedings on an election petition. (4) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Part 6 — Conduct of elections etc.

Election timetables

Omission of references to Maundy Thursday

20

Part 4 of Schedule 1 contains amendments which omit the words “Maundy Thursday” from certain enactments specifying the days which are to be disregarded for the purposes of election timetables and the computation of periods relating to elections.

Nomination

Use of candidates' common names

21

• (1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

• (2) In rule 6 (nomination of candidates), after paragraph (2) insert—

(2A) If a candidate commonly uses— (a) a surname which is different from any other surname he has, or (b) a forename which is different from any other forename he has, the nomination paper may state the commonly used surname or forename in addition to the other name.

• (3) In rule 14 (publication of statement of persons nominated), after paragraph (2) insert—

(2A) If a person's nomination paper gives a commonly used surname or forename in addition to another name, the statement shall show the person's commonly used surname or forename (as the case may be) instead of any other name. (2B) Paragraph (2A) above does not apply if the returning officer thinks— (a) that the use of the person's commonly used name may be likely to mislead or confuse electors, or (b) that the commonly used name is obscene or offensive. (2C) If paragraph (2B) above applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

• (4) In the Appendix of forms, in the Form of nomination paper, for the first table following the words “candidate at the said election” substitute—

Candidate's surname	Other names in full	Commonly used surname (if any)	Commonly used forenames (if any)	Description (if any)	Home address in full
SULLIVAN	Arthur Seymour	GILBERT	W. S.	Independent	52, Bunthorne Walk, Basingstoke

• (5) In the Appendix of forms, in the Note following the Form of nomination paper, after paragraph 2 insert—

(2A) Where a candidate commonly uses a name which is different from any other name he has, the commonly used name may also appear on the nomination paper, but if it does so, the commonly used name (instead of any other name) will appear on the ballot paper. (2B) But the ballot paper will show the other name if the returning officer thinks— (a) that the use of the commonly used name may be likely to mislead or confuse electors, or (b) that the commonly used name is obscene or offensive.

Candidate not to stand in more than one constituency

22

In Schedule 1 to the 1983 Act (parliamentary elections rules), in rule 8(3) (candidate's consent to nomination), after paragraph (b) insert—

(c) shall state that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as that for the election to which the consent relates,

.

Offences as to false statements in nomination papers

23

• (1) Section 65A of the 1983 Act (false statements in nomination papers) is amended as follows.

• (2) In subsection (1), after paragraph (b) insert

or (c) a certificate authorising for the purposes of rule 6A of the parliamentary elections rules the use by a candidate of a description if he knows that the candidate is standing at an election in another constituency in which the poll is to be held on the same day as the poll at the election to which the certificate relates.

• (3) After subsection (1) insert—

(1A) A person is guilty of a corrupt practice if, in the case of any relevant election, he makes in any document in which he gives his consent to his nomination as a candidate— (a) a statement of his date of birth, (b) a statement as to his qualification for being elected at that election, or (c) a statement that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates, which he knows to be false in any particular. (1B) For the purposes of subsection (1A), a statement as to a candidate's qualification is a statement— (a) that he is qualified for being elected, (b) that he will be qualified for being elected, or (c) that to the best of his knowledge and belief he is not disqualified for being elected.

• (4) In subsection (2)(b) at the beginning insert “ except for the purposes of subsections (1)(c) and (1A)(c), ”.

Death of candidate

Death of candidate

24

In Schedule 1 to the 1983 Act (parliamentary elections rules) for rule 60 (countermand or abandonment of poll on death of candidate) and the cross-heading preceding it substitute—

(60) (1) This rule applies if at a contested election proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died. (2) Subject to this rule and rules 61 and 62, these rules apply to the election as if the candidate had not died. (3) The following provisions of these rules do not apply in relation to the deceased candidate— (a) rule 32(1)(c) and (d) (admission to polling station); (b) rule 44(2)(b) to (d) (attendance at count); (c) rule 53(4) (forfeiture of deposit). (4) If only two persons are shown as standing nominated in the statement of persons nominated the returning officer must— (a) if polling has not begun, countermand the notice of poll; (b) if polling has begun, direct that the poll is abandoned; (c) subject to rule 65, treat the election as an uncontested election. (5) For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 6A(1) or (1B). (61) (1) This rule applies if at an election mentioned in rule 60(1) the majority of votes is given to the deceased candidate. (2) Rule 50(1) (declaration of result) does not apply but the returning officer must— (a) declare that the majority of votes has been given to the deceased candidate, (b) declare that no member is returned, and (c) give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers. (3) Rule 53 (return or forfeiture of candidate's deposit) does not apply in relation to the remaining candidates. (4) The returning officer must not return the writ and the proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule. (5) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day of the election mentioned in rule 60(1). (6) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated, and no other nomination may be made. (7) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received. (8) Rule 9 (deposit) does not apply. (9) The poll must be held on a day in the period which starts 15 working days after the day on which the writ is taken to have been received and ends 19 working days after that day. (10) For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c). (62) In an election mentioned in rule 60(1), if— (a) rule 49 applies (equality of votes), and (b) any of the candidates to whom that rule applies is a deceased candidate, the deceased candidate must be ignored. (63) (1) This rule applies if— (a) at a contested election proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died, and (b) that person is standing in the name of a registered political party. (2) The returning officer must— (a) countermand notice of the poll, or (b) if polling has begun, direct that the poll be abandoned. (3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule. (4) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer. (5) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated. (6) No other nomination may be made except for a person standing in the name of the same registered political party in whose name the deceased candidate was standing. (7) The last day on which a nomination mentioned in paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received. (8) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) or in pursuance of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received. (9) The poll must be held on a day in the period which starts 15 working days after the day on which the writ is taken to have been received and ends 19 working days after that day. (10) For the purposes of this rule— (a) a person stands in the name of a registered political party if his nomination paper contains a description which is authorised as mentioned in rule 6A(1) or (1B); (b) a registered political party is a party which is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000; (c) a working day is a day which is not a day specified in rule 2(1)(a) to (c). (64) (1) This rule applies if at a contested election— (a) one of the candidates is the Speaker of the House of Commons seeking re-election, and (b) proof is given to the returning officer's satisfaction before the result of the election is declared that that candidate has died. (2) The returning officer must— (a) countermand notice of the poll, or (b) if polling has begun, direct that the poll be abandoned. (3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule. (4) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer. (5) The last day on which— (a) nominations, or (b) notice of withdrawal of candidature, may be delivered is the seventh working day after the day on which the writ is taken to be received. (6) The poll must be held on a day in the period which starts 15 working days after the day on which the writ is taken to have been received and ends 19 working days after that day. (7) For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c). (65) (1) This rule applies to— (a) a poll which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election; (b) a poll which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b). (2) The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll. (3) The returning officer must dispose of ballot papers and other documents in his possession as is he required to do on the completion of the counting of the votes. (4) It is not necessary for a ballot paper account to be prepared or verified. (5) No step or further step is to be taken for the counting of the ballot papers or of the votes. (6) The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets. (7) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9). (8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers. (9) No order is to be made for— (a) the production or inspection of any ballot papers, or (b) the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll, unless the order is made by a court with reference to a prosecution.

Election expenses

Amount of expenses which may be incurred by third party

25

• (1) Section 75 of the 1983 Act (prohibition of expenses not authorised by election agent) is amended as follows.

• (2) In subsection (1)—

• (a) after “be incurred” insert “ after he becomes a candidate at that election ”;

• (b) omit from “but paragraph (c) or (d) of” to the end.

• (3) After subsection (1) insert—

(1ZZA) Paragraph (c) or (d) of subsection (1) above does not restrict the publication of any matter relating to the election in— (a) a newspaper or other periodical, (b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or (c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996. (1ZZB) Subsection (1) above does not apply to any expenses incurred by any person— (a) which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), or (b) in travelling or in living away from home or similar personal expenses.

• (4) In subsection (1ZA) for “subsection (1)(ii)” in each place where it occurs substitute “ subsection (1ZZB)(a) ”.

• (5) After subsection (7) insert—

(8) For the purposes of subsection (1), expenditure incurred before the date when a person becomes a candidate at the election is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.

• (6) The amendments made by this section (except subsections (2)(a) and (5)) must be taken to have had effect from 16 February 2001 (the date of coming into force of section 131 of the 2000 Act).

• (7) This section does not apply to local government elections in Scotland (within the meaning of the 1983 Act).

Return as to election expenses

26

• (1) In section 81 of the 1983 Act (returns as to election expenses), omit subsection (3) and insert—

(3A) The return shall also contain as respects that candidate— (a) a statement relating to such other expenses in connection with which provision is made by this Part as the Electoral Commission provide in regulations; (b) a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in paragraph (a) as the Electoral Commission so provide; (c) a statement relating to such other matters as is prescribed.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of election expenses for purposes of the 1983 Act

27

• (1) The 1983 Act is amended as follows.

• (2) After section 90 (election expenses at elections where election agent not required) insert—

(90ZA) (1) In this Part of this Act “election expenses” in relation to a candidate at an election means (subject to subsection (2) below and section 90C below) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4A which is used for the purposes of the candidate's election after the date when he becomes a candidate at the election. (2) No election expenses are to be regarded as incurred by virtue of subsection (1) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4A. (3) In this section and in section 90C below, “for the purposes of the candidate's election” means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election. (4) For the purposes of this Part of this Act, election expenses are incurred by or on behalf of a candidate at an election if they are incurred — (a) by the candidate or his election agent, or (b) by any person authorised by the candidate or his election agent to incur expenses. (5) In this Part of this Act, any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses— (a) which are incurred as mentioned in subsection (1) above before the date when he becomes a candidate at the election, but (b) which by virtue of that subsection fall to be regarded as election expenses. (6) In this Part and in Part 3 of this Act, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election. (7) Schedule 4A has effect. (8) This section does not apply to a local government election in Scotland.

• (3) Omit sections 90A and 90B.

• (4) The repeal of sections 90A and 90B by subsection (3) does not extend to those sections as they apply to local government elections in Scotland (within the meaning of the 1983 Act).

• (5) After Schedule 4 (election expenses at certain local elections in England and Wales) insert—

SCHEDULE 4A (1) Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it. (2) Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage). (3) Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period. (4) Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them. (5) The services of an election agent or any other person whose services are engaged in connection with the candidate's election. (6) Accommodation and administrative costs. (7) The payment of any deposit required by rule 9 of Schedule 1 to this Act. (8) The publication of any matter, other than an advertisement, relating to the election in— (a) a newspaper or periodical; (b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru; (c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996. (9) The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of sections 95(4) and 96(4) above. (10) The provision by an individual of his own services which he provides voluntarily in his own time and free of charge. (11) (1) Accommodation which is the candidate's sole or main residence. (2) The provision by any other individual of accommodation which is his sole or main residence if the provision is made free of charge. (12) (1) Transport by a means of transport which was acquired by the candidate principally for his own personal use. (2) Transport provided free of charge by any other individual if the means of transport was acquired by him principally for his own personal use. (13) (1) Computing or printing equipment which was acquired by the candidate principally for his own personal use. (2) The provision by any other individual of computing or printing equipment which was acquired by the individual principally for his own personal use if the provision is made free of charge. (14) (1) The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice giving guidance as to the matters which do, or do not, fall within Part 1 or 2 of this Schedule. (2) Once the Commission have prepared a draft code under this paragraph, they must submit it to the Secretary of State for his approval. (3) The Secretary of State may approve a draft code either without modification or with such modifications as he may determine. (4) Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether— (a) in its original form, or (b) in a form which incorporates any modifications determined under sub-paragraph (3), before each House of Parliament. (5) If the draft incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of his reasons for making them. (6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code. (7) If no such resolution is made within the 40-day period— (a) the Secretary of State must issue the code in the form of the draft laid before Parliament, and (b) the code is to come into force on such date as the Secretary of State may by order appoint, and the Commission must arrange for it to be published in such manner as they think appropriate. (8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament. (9) In this paragraph, “the 40-day period”, in relation to a draft code, means— (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (10) In this paragraph references to a draft code include a revised draft code. (15) (1) The Secretary of State may by order made by statutory instrument make such amendments of Part 1 or 2 of this Schedule as he considers appropriate. (2) An order under sub-paragraph (1) shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament. (3) The Secretary of State may make such an order either— (a) where the order gives effect to a recommendation of the Electoral Commission; or (b) after consultation with the Electoral Commission.

Observation of elections etc.

Discretion to report on certain elections

28

In section 5 of the 2000 Act (reports on elections and referendums), after subsection (2) insert—

(2A) After— (a) a parliamentary by-election, (b) an election held under section 9 of the Scotland Act 1998 (election for the Scottish Parliament in the case of a constituency vacancy), or (c) an election held under section 8 of the Government of Wales Act 1998 (election for the National Assembly for Wales in the case of a constituency vacancy), the Commission may prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.

Observation of proceedings and working practices

29

After section 6 of the 2000 Act (reviews of electoral and political matters), insert—

(6A) (1) A representative of the Commission may attend— (a) proceedings relating to an election specified in subsection (5) which are the responsibility of the returning officer for the election; (b) proceedings relating to a referendum to which Part 7 applies which are the responsibility of the relevant counting officer. (2) The right conferred on a representative of the Commission by this section is subject to any enactment which regulates attendance at the proceedings in question. (3) In this section, “representative of the Commission” means any of the following— (a) a member of the Commission; (b) a member of staff of the Commission; (c) a person appointed by the Commission for the purposes of this section. (4) A reference to the relevant counting officer must be construed— (a) if the area to which the proceedings relates is in Great Britain, in accordance with section 128(3); (b) if the area to which the proceedings relates is Northern Ireland, as a reference to the Chief Electoral Officer for Northern Ireland. (5) The elections specified in this subsection are— (a) an election mentioned in section 5(2); (b) a parliamentary by-election; (c) an election under section 9 of the Scotland Act 1998 (constituency vacancies); (d) an election under section 8 of the Government of Wales Act 1998 (vacancies in constituency seats); (e) a local government election in England or Wales; (f) a local election in Northern Ireland. (6B) (1) A representative of the Commission may observe the working practices of any of the following— (a) an electoral registration officer; (b) a returning officer; (c) a relevant counting officer; (d) any person acting under the direction of a person mentioned in paragraphs (a) to (c). (2) In this section— (a) “relevant counting officer”, and (b) “representative of the Commission”, must be construed in accordance with section 6A. (3) This section does not permit the observation of working practices which relate only to a local government election in Scotland. (6C) (1) A person who is aged 16 or over may apply to the Commission to be an accredited observer at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies— (a) proceedings at the issue or receipt of postal ballot papers; (b) proceedings at the poll; (c) proceedings at the counting of votes. (2) If the Commission grant the application, the accredited observer may attend the proceedings in question. (3) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F. (4) The Commission may at any time revoke the grant of an application under subsection (1). (5) If the Commission— (a) refuse an application under subsection (1), or (b) revoke the grant of any such application, they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation. (6) The right conferred on an accredited observer by this section is subject to any enactment which regulates attendance at the proceedings in question. (6D) (1) An organisation may apply to the Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies— (a) proceedings at the issue or receipt of postal ballot papers; (b) proceedings at the poll; (c) proceedings at the counting of votes. (2) If the Commission grant the application the organisation may nominate members who may attend the proceedings in question. (3) The Commission, in granting an application under this section, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section. (4) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F. (5) The Commission may at any time revoke the grant of an application under subsection (1). (6) If the Commission— (a) refuse an application under subsection (1), or (b) revoke the grant of any such application, they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation. (7) The right conferred by this section is subject to any enactment which regulates attendance at the proceedings in question. (6E) (1) A relevant officer may limit the number of persons who may be present at any proceedings at the same time in pursuance of section 6C or 6D. (2) If a person who is entitled to attend any proceedings by virtue of section 6C or 6D misconducts himself while attending the proceedings, the relevant officer may cancel the person's entitlement. (3) Subsection (2) does not affect any power a relevant officer has by virtue of any enactment or rule of law to remove a person from any place. (4) A relevant officer is— (a) in the case of proceedings at a polling station, the presiding officer; (b) in the case of any other proceedings at an election, the returning officer; (c) in the case of any other proceedings at a referendum, the relevant counting officer (within the meaning of section 6A); (d) such other person as a person mentioned in paragraph (a), (b) or (c) authorises for the purposes of the proceedings mentioned in that paragraph. (6F) (1) The Commission must prepare a code of practice on the attendance of— (a) representatives of the Commission, (b) accredited observers, and (c) nominated members of accredited organisations, at elections specified in subsection (5) of section 6A and referendums to which Part 7 applies. (2) The code must in particular— (a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission; (b) specify the criteria to be taken into account by the Commission in determining such applications; (c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section; (d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section; (e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election or referendum as it relates to a person having such permission; (f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D. (3) The code may make different provision for different purposes. (4) Before preparing the code, the Commission must consult the Secretary of State. (5) The Commission must lay the code before each House of Parliament. (6) The Commission must publish the code (in such manner as the Commission may determine). (7) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E— (a) the Commission; (b) representatives of the Commission; (c) relevant officers (within the meaning of section 6E); (d) relevant counting officers. (8) The Commission may at any time revise the code. (9) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code. (10) In this section— (a) “accredited observer” must be construed in accordance with section 6C; (b) “accredited organisation” must be construed in accordance with section 6D, and “nominated member” must be construed accordingly; (c) “relevant counting officer” must be construed in accordance with section 6A; (d) “representative of the Commission” has the same meaning as in section 6A.

Ballot papers

Ballot paper design

30

• (1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

• (2) In rule 19 (the ballot papers)—

• (a) in paragraph (2), omit sub-paragraph (d);

• (b) after paragraph (3) insert—

(4) The Secretary of State may in regulations— (a) prescribe a different form of ballot paper from that in the Appendix; (b) amend or replace the directions as to printing the ballot paper in the Appendix; (c) in consequence of anything done for the purposes of paragraph (a) or (b), amend or replace the Form of directions for the guidance of the voters in voting in the Appendix.

• (3) In the Appendix of forms, in the Directions as to printing the ballot paper, after paragraph 2A insert—

(2B) Nothing in paragraph 2 prohibits the face of the ballot paper containing more than one column of numbers, candidates particulars and spaces where the vote is to be marked if the returning officer thinks it is appropriate for the ballot paper to be printed with more than one column, but in such a case each column must be separated by a double vertical rule.

Replacement of counterfoils

31

• (1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

• (2) After rule 19 insert—

(19A) (1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1). (2) The list shall be in such form as the Secretary of State in regulations prescribes.

• (3) In rule 29 (equipment of polling stations), in paragraph (3), after sub-paragraph (d) insert—

(e) a list consisting of that part of the list prepared under rule 19A which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

• (4) In rule 43 (procedure on close of poll)—

• (a) in paragraph (1), after sub-paragraph (d) insert—

(da) the lists prepared under rule 19A, including the parts which were completed in accordance with rule 37(1)(b) and (d) (together referred to in these rules as “the completed corresponding number lists”);

;

• (b) in paragraph (1)(e) omit “the counterfoils of the used ballot papers and”;

• (c) in paragraph (2) for “counterfoils of the used ballot papers and” substitute “ completed corresponding number lists or ”.

• (5) In rule 54 (sealing up of ballot papers), for paragraph (2) substitute—

(2) The returning officer shall not open the sealed packets of— (a) tendered ballot papers, (b) the completed corresponding number lists, (c) certificates as to employment on duty on the day of the poll, or (d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.

• (6) In rule 55 (delivery of documents), in paragraph (1)—

• (a) after sub-paragraph (c) insert—

(ca) the packets of the completed corresponding number lists,

;

• (b) in sub-paragraph (d) omit “counterfoils and”.

• (7) In rule 56 (orders for production of documents)—

• (a) in paragraph (1)(b) for “counterfoils and” substitute “ the completed corresponding number lists or of ”9;

• (b) in paragraph (2) for “counterfoils and” substitute “ the completed corresponding number lists or of ”;

• (c) in paragraph (3) for “counterfoils and” substitute “ the completed corresponding number lists or of ”;

• (d) for paragraph (7) substitute—

(7) The production from proper custody of— (a) a ballot paper purporting to have been used at any election, and (b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13B(3B) or (3D) of this Act) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b).

;

• (e) in paragraph (8) for “counterfoils and” substitute “ the completed corresponding number lists or of ”.

• (8) In rule 57 (retention and public inspection of documents), for paragraph (2) substitute—

(2) The documents mentioned in paragraphs (1) and (1A) except— (a) ballot papers, (b) the completed corresponding number lists, (c) certificates as to employment on duty on the day of the poll, shall be open to public inspection.

• (9) In the Appendix of forms—

• (a) in the Form of Front of Ballot Paper omit “Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper”;

• (b) in the Form of Back of Ballot Paper omit “Note.— The number on the ballot paper is to correspond with that on the counterfoil”.

Photographs on ballot papers: piloting

32

• (1) This section applies if a local authority makes a proposal that an order be made under subsection (2) applying to particular local government elections held in its area.

• (2) The Secretary of State may by order (a pilot order) make provision for the purposes of enabling ballot papers issued at such local government elections as are specified in the order to contain photographs of the candidates.

• (3) A pilot order may include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order.

• (4) The Secretary of State must not make a pilot order unless he first consults the Electoral Commission.

• (5) A pilot order may make provision implementing the local authority's proposal—

• (a) without modification, or

• (b) with such modifications as the Secretary of State and the local authority agree between them.

• (6) If the Secretary of State makes a pilot order—

• (a) he must send a copy of it to the local authority and to the Electoral Commission, and

• (b) the local authority must publish the order in their area in such manner as they think fit.

• (7) A pilot order may be amended or revoked by a further order.

• (8) The Secretary of State may reimburse a returning officer for any expenditure necessarily incurred by him in consequence of the making of a pilot order.

• (9) A local authority is—

• (a) in England, a county council, a district council, a London borough council or the Greater London Authority;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In this section—

• (a) “local government election” must be construed in accordance with section 203(1) of the 1983 Act;

• (b) a reference to the area of a local authority must be construed in accordance with the definition of “local government area” in that subsection.

Evaluation of pilots under section 32

33

• (1) After any elections specified in a pilot order have taken place, the Electoral Commission must prepare a report on the operation of the order.

• (2) The report must contain, in particular—

• (a) a description of the way in which the provision made by the order differed from the provisions which would otherwise have applied to the election or elections;

• (b) a copy of the order;

• (c) an assessment of the success or otherwise of the order in assisting voters to make informed decisions at the election or elections in question;

• (d) an assessment of the success or otherwise of the order in encouraging voting at the election or elections in question;

• (e) an assessment of whether the procedures provided for in the order operated satisfactorily.

• (3) An assessment under subsection (2)(c) must include a statement of whether, in the opinion of the Commission, the inclusion of photographs on the ballot paper—

• (a) assisted voters in marking their papers with a vote for a candidate (or with votes for candidates) for whom they had decided to vote on grounds other than the candidates' appearance;

• (b) resulted in voters being influenced (or more influenced) by the appearance of candidates in deciding for whom to vote.

• (4) An assessment under subsection (2)(d) must include a statement of whether, in the opinion of the Commission, the turnout of voters was higher than it would have been if the order had not applied.

• (5) An assessment under subsection (2)(e) must include a statement of—

• (a) whether the candidates and their agents found the procedures provided for in the order easy to use;

• (b) whether the returning officer found those procedures easy to administer;

• (c) whether those procedures had any effect on the incidence of malpractice (whether or not amounting to an offence) in connection with elections;

• (d) the amount of any increase attributable to those procedures in the resources applied by the authority concerned to the election or elections.

• (6) In making an assessment under subsection (2)(c), (d) or (e), the Commission must also apply such other criteria as are specified in the order in relation to that assessment.

• (7) The local authority must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report.

• (8) The assistance may include—

• (a) making arrangements for ascertaining the views of electors about the operation of the provisions of the order;

• (b) reporting to the Commission allegations of electoral offences or other malpractice.

• (9) The Commission must, before the end of the period of three months beginning with the date of the declaration of the result of the election or elections in question, send a copy of the report—

• (a) to the Secretary of State, and

• (b) to the local authority.

• (10) The local authority must publish the report in their area in such manner as they think fit.

• (11) In this section “pilot order” and “the local authority” must be construed in accordance with section 32.

Revision of electoral provisions in the light of pilot schemes

34

• (1) This section applies if the Secretary of State thinks, in the light of a report made under section 33 on the operation of a pilot order under section 32, that it would be desirable for provision similar to that made by the order to apply generally, and on a permanent basis, in relation to—

• (a) parliamentary elections;

• (b) local government elections in England ...;

• (c) any description of election falling within paragraph (a) or (b).

• (2) The Secretary of State may by order make provision for the purposes of enabling ballot papers issued at such elections (mentioned in subsection (1)) as are specified in the order to contain photographs of the candidates.

• (3) The Secretary of State must not make an order under subsection (2) unless he first consults the Electoral Commission.

• (4) An order under subsection (2) may—

• (a) include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order;

• (b) create or extend the application of an offence.

• (5) An order under subsection (2) must not create an offence punishable—

• (a) on conviction on indictment, with imprisonment for a term exceeding one year;

• (b) on summary conviction, with imprisonment for a term exceeding 51 weeks or with a fine exceeding the statutory maximum.

• (6) The power to make an order under subsection (2) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

• (7) The reference to local government elections must be construed in accordance with section 32.

• (8) If an order under subsection (2) is made before the date of commencement of section 281(5) of the Criminal Justice Act 2003, then in relation to any offence committed before that date the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.

• (9) In its application to Scotland and Northern Ireland, the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.

Voting in person

Certain voters entitled to vote in person

35

• (1) Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting in Great Britain) is amended as follows.

• (2) After paragraph 2(5) insert—

(5A) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote— (a) in person (where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or (b) by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).

• (3) In paragraph 2(6), omit paragraph (a) and the “or” following it.

• (4) This section does not apply to local government elections in Scotland (within the meaning of the 1983 Act).

Certain electoral documents

Translations etc. of certain documents

36

In the 1983 Act, in Part 5, before section 200 (public notices and declarations) insert—

(199B) (1) Subsections (2) and (3) below apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a parliamentary or local government election. (2) The person who is required or authorised to give or display the document must, as he thinks appropriate, give or display or otherwise make available in such form as he thinks appropriate— (a) the document in Braille; (b) the document in languages other than English; (c) graphical representations of the information contained in the document; (d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information. (3) The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate. (4) Subsections (2) and (3) above do not apply to— (a) the nomination paper; (b) the ballot paper. (5) The returning officer at a parliamentary election or a local government election may cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper. (6) The sample copy mentioned in subsection (5) above— (a) in the case of a parliamentary election or a local government election where only one candidate is to be elected, must have printed the words “VOTE FOR ONE CANDIDATE ONLY” both at the top and immediately below the list of candidates, (b) in the case of a local government election where more than one candidate is to be elected, must have printed the words “VOTE FOR NO MORE THAN [here insert the maximum number of candidates to be elected] CANDIDATES” both at the top and immediately below the list of candidates, and (c) in each case, below the second occurrence of those words, may include a translation of those words into such other languages as the returning officer thinks appropriate. (7) The returning officer at a parliamentary election or a local government election must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted. (8) The sample copy mentioned in subsection (7) above must be clearly marked as a specimen provided only for the guidance of voters. (9) In the application of subsection (2)(b) to Northern Ireland any question as to whether a person is to give or display or otherwise make available a document in a language other than English is to be decided by the returning officer. (10) This section does not apply to a local government election in Scotland.

Documents relating to postal voting

37

In Schedule 1 to the 1983 Act, for rule 24 (postal ballot papers) substitute—

(24) (1) The returning officer shall, in accordance with regulations, issue to those entitled to vote by post— (a) a ballot paper; (b) at an election held in England and Wales or Scotland, a postal voting statement in the prescribed form; (c) at an election held in Northern Ireland, a declaration of identity in the prescribed form; together with such envelopes for their return as may be prescribed. (2) The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain— (a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper; (b) a translation into Braille of such directions or guidance; (c) graphical representations of such directions or guidance; (d) the directions or guidance in any other form (including any audible form). (3) The prescribed form shall include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be). (4) In the case of a ballot paper issued to a person resident in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement or declaration of identity is free of charge to the voter. (5) In any other case, regulations may provide that the returning officer must so ensure.

Circumstances in which votes may be tendered

Tendered votes

38

• (1) In Schedule 1 to the 1983 Act, in rule 40 (tendered ballot papers), after paragraph (1) insert—

(1ZA) Paragraph (1ZC) applies if — (a) a person applies for a ballot paper representing himself to be a particular elector named on the register, (b) he is also named in the postal voters list, and (c) he claims that he did not make an application to vote by post at the election. (1ZB) Paragraph (1ZC) also applies if— (a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies, (b) he is also named in the proxy postal voters list, and (c) he claims that he did not make an application to vote by post as proxy. (1ZC) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

• (2) After paragraph (1ZC) of that rule (inserted by subsection (1) above) insert—