Electoral Administration Act 2006

• “ recognised third party ” has the same meaning as in Part 6 of that Act.

• “relevant election” means— an election within the meaning of the 1983 Act , or a police and crime commissioner election.

• (8A) For the purposes of this section, a person becomes a candidate at a police and crime commissioner election—

• (a) on the last day for publication of notice of the election if on or before that day the person is declared by himself or herself or by others to be a candidate at the election, and

• (b) otherwise, on the day on which the person is so declared by himself or herself or by others or on which the person is nominated as a candidate at the election (whichever is the earlier).

• (9) An order under this section must not make provision which is within the legislative competence of the Scottish Parliament.

• (10) Subsection (9) does not apply to provision made by virtue of subsection (3)(e).

Regulation of loans etc: Northern Ireland

63

• (1) The Secretary of State may, after consulting the Electoral Commission, by order make provision relating to regulated transactions, controlled transactions or relevant matters which corresponds to or is similar to any provision (“relevant provision”) relating to donations for political purposes which is made by, or which may be made under, the Northern Ireland (Miscellaneous Provisions) Act 2006 (“the 2006 Act”).

• (2) But if a relevant provision has effect, or would have effect, subject to a temporal limitation, a provision of an order under this section which corresponds to or is similar to the relevant provision must be subject to the same temporal limitation.

• (3) An order under this section may in particular—

• (a) amend, repeal or revoke any provision made by or under an Act of Parliament or Northern Ireland legislation (whenever passed or made);

• (b) create an offence corresponding or similar to any offence relating to donations for political purposes created by the 2006 Act;

• (c) confer power on the Secretary of State to make provision by order corresponding or similar to any such power relating to donations for political purposes conferred by the 2006 Act;

• (d) make different provision for different purposes;

• (e) make such supplemental, incidental, consequential, transitional or savings provision as the Secretary of State thinks necessary or expedient in connection with the order.

• (4) An order under this section which confers power to make an order by virtue of subsection (3)(c) must require the order—

• (a) to be made only after consulting the Electoral Commission;

• (b) to be made by statutory instrument; and

• (c) not to 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.

• (5) The power to make an order under this section is exercisable by statutory instrument.

• (6) 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) In this section—

• “regulated transaction” has the same meaning as in Part 4A of the 2000 Act (see section 71F of that Act);

• “controlled transaction” has the same meaning as in Schedule 7A to that Act (see paragraphs 1 and 2 of that Schedule);

• “relevant matter” has the same meaning as in section 62 of this Act (see subsection (2) of that section).

• (8) For the purposes of this section, section 1(3) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (which amends section 71E of the 2000 Act) is treated as provision made by the 2006 Act.

Campaign expenditure

Campaign expenditure: standing for more than one party

64

• (1) Schedule 9 to the 2000 Act (limits on campaign expenditure) is amended as follows.

• (2) In paragraph 5 (general elections to Scottish Parliament) after sub-paragraph (2) insert—

(2A) Sub-paragraph (2B) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties. (2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In paragraph 7 (general elections to Northern Ireland Assembly) after sub-paragraph (2) insert—

(2A) Sub-paragraph (2B) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties. (2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).

Time limit for claims in respect of campaign expenditure

65

• (1) In section 77 of the 2000 Act (restriction on making claims in respect of campaign expenditure)—

• (a) in subsection (1), for “21 days” substitute “ 30 days ”;

• (b) in subsection (2), for “42 days” substitute “ 60 days ”.

• (2) In section 92 of that Act (restriction on making claims in respect of certain expenditure by third parties)—

• (a) in subsection (1), for “21 days” substitute “ 30 days ”;

• (b) in subsection (2), for “42 days” substitute “ 60 days ”.

• (3) In section 115 of that Act (restriction on making claims in respect of referendum expenditure)—

• (a) in subsection (1), for “21 days” substitute “ 30 days ”;

• (b) in subsection (2), for “42 days” substitute “ 60 days ”.

Referendum and election material

Details to appear on referendum and election material

66

• (1) In section 126 of the 2000 Act (details to appear on referendum material), after subsection (10) insert—

(10A) Subsection (1) does not apply to any material published for the purposes of a referendum if the publication is required under or by virtue of any enactment.

• (2) In section 143 of the 2000 Act (details to appear on election material), after subsection (2) insert—

(2A) For the purposes of subsection (2)(c), election material to which subsection (2B) applies— (a) is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting, procuring or enhancing his electoral success or standing, but (b) may be regarded as being published on behalf of the party mentioned in subsection (2B). (2B) This subsection applies to election material which can be reasonably regarded as promoting, procuring or enhancing the electoral success or standing of two or more candidates standing in the name of a party or included in a list of candidates submitted by the party in connection with the election.

Part 8 — Miscellaneous

Election services

Performance of local authorities in relation to elections etc.

67

After section 9 of the 2000 Act insert—

(9A) (1) The Commission may from time to time— (a) determine standards of performance for relevant officers, and (b) publish, in such form and in such manner as they consider appropriate, the standards so determined. (2) The standards of performance are such standards as the Commission think ought to be achieved by— (a) electoral registration officers in the performance of their functions; (b) returning officers in the administration of the elections specified in subsection (6); (c) counting officers in the administration of the referendums specified in subsection (7). (3) Before determining standards under subsection (1), the Commission must consult— (a) the Secretary of State, and (b) any other person they think appropriate. (4) The Commission may determine different standards for different descriptions of relevant officers. (5) When the Commission publish standards under subsection (1) they must send a copy of the published standards to the Secretary of State who must lay a copy of the published standards before each House of Parliament. (6) 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. (7) The referendums specified in this subsection are— (a) a referendum to which Part 7 applies; (b) a referendum under Part 2 of the Local Government Act 2000. (8) For the purposes of this section and sections 9B and 9C, the relevant officers are— (a) electoral registration officers; (b) in relation to elections within subsection (6), returning officers; (c) in relation to referendums within subsection (7), counting officers. (9B) (1) The Commission may from time to time issue directions to relevant officers to provide the Commission with such reports regarding their level of performance against the standards determined under section 9A(1) as may be specified in the direction. (2) A direction under subsection (1)— (a) must specify the relevant officer or officers to whom it is issued (and may specify a description or descriptions of relevant officers), (b) may require the report or reports to relate to such elections or referendums (or both) as may be specified in the direction, and (c) may require the report or reports to be provided in a form specified in the direction. (3) A report provided to the Commission in pursuance of subsection (1) may be published by the relevant officer to whom it relates. (4) The Commission shall from time to time prepare and publish (in such manner as the Commission may determine) assessments of the level of performance by relevant officers against the standards determined under section 9A(1). (5) An assessment under subsection (4)— (a) must specify the relevant officer or officers to whom it relates; (b) must specify the period to which it relates; (c) may specify the elections or referendums (or both) to which it relates. (6) The Commission must not prepare an assessment under subsection (4) unless they have received reports in pursuance of subsection (1) from the relevant officer or officers for the matters to which the assessment relates. (7) Before publishing an assessment under subsection (4), the Commission shall— (a) provide to each relevant officer a copy of those parts of the assessment which relate to him; (b) have regard to any comments made by him regarding the factual accuracy of the assessment. (9C) (1) The Commission may by notice in writing direct a relevant officer to provide the Commission with such expenditure information as may be specified in the direction. (2) Expenditure information is information relating to— (a) in the case of an electoral registration officer, expenditure in connection with the performance of his functions; (b) in the case of a returning officer, expenditure in connection with the election or elections specified in section 9A(6) for which he is appointed or otherwise holds office; (c) in the case of a counting officer, expenditure in connection with the referendum or referendums specified in section 9A(7) for which he is appointed. (3) A direction under subsection (1)— (a) may require the information to relate to such elections or (as the case may be) referendums as may be specified in the direction; (b) may require the information to be provided in a form specified in the direction; (c) may specify the time within which the information must be provided. (4) This section does not affect any other power of the Commission to request information.

Funding of services and expenses of returning officers

68

• (1) Section 29 of the 1983 Act (payments by and to returning officer) is amended as follows.

• (2) For subsections (3) to (4B) substitute—

(3) A returning officer shall be entitled to recover his charges in respect of services rendered, or expenses incurred, for or in connection with a parliamentary election if— (a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and (b) the total of his charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Secretary of State for the purposes of this subsection. (3A) An order under subsection (3) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (3B) below, the returning officer may not recover more than that amount in respect of any such services or expenses. (3B) The Secretary of State may, in a particular case, authorise the payment of— (a) more than the overall maximum recoverable amount, or (b) more than the specified maximum recoverable amount for any specified services or expenses, if he is satisfied that the conditions in subsection (3C) are met. (3C) The conditions referred to in subsection (3B) are— (a) that it was reasonable for the returning officer concerned to render the services or incur the expenses, and (b) that the charges in question are reasonable.

• (3) In subsection (9), for “subsections (3) and (4)” substitute “ subsection (3) ”.

• (4) This section ceases to have effect if, before it is brought into force, paragraph 6(3) of Schedule 21 to the 2000 Act is brought into force.

Encouraging electoral participation

Encouraging electoral participation

69

• (1) A local electoral officer must take such steps as he thinks appropriate to encourage the participation by electors in the electoral process in the area for which he acts.

• (2) A local electoral officer must have regard to any guidance issued by the Electoral Commission for the purposes of this section.

• (3) This section does not permit an electoral registration officer to undertake any activity in relation to a local government election in Scotland unless the activity relates to a matter falling within Section B3 (elections) of Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters).

• (4) The Secretary of State may reimburse a local electoral officer in respect of any expenditure incurred by the officer for the purposes of this section.

• (5) The amount paid under subsection (4) must not in any year exceed such amount as is determined in accordance with regulations made by the Secretary of State.

• (6) The power to make regulations under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) The regulations may make different provision for different purposes.

• (8) A local electoral officer is—

• (a) an electoral registration officer;

• (b) a returning officer for an election mentioned in subsection (9).

• (9) These are the elections—

• (a) parliamentary elections;

• (b) local government elections in England and Wales and Northern Ireland;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) elections to the Scottish Parliament;

• (e) elections to the Northern Ireland Assembly;

• (f) elections to the National Assembly for Wales.

• (10) References to a local government election must be construed in accordance with the 1983 Act.

Criminal proceedings

Time limit for prosecutions

70

• (1) In section 176 of the 1983 Act (time limit for prosecution of offences) after subsection (2) insert—

(2A) A magistrates' court in England and Wales may act under subsection (2B) if it is satisfied on an application by a constable or Crown Prosecutor— (a) that there are exceptional circumstances which justify the granting of the application, and (b) that there has been no undue delay in the investigation of the offence to which the application relates. (2B) The magistrates' court may extend the time within which proceedings must be commenced in pursuance of subsection (1) above to not more than 24 months after the offence was committed. (2C) If the magistrates' court acts under subsection (2B), it may also make an order under subsection (2D) if it is satisfied, on an application by a constable or Crown Prosecutor, that documents retained by the relevant registration officer in pursuance of rule 57 of the parliamentary elections rules may provide evidence relating to the offence. (2D) An order under this subsection is an order— (a) directing the relevant registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 57, and (b) extending the period for which he is required to retain them under that rule by such further period not exceeding 12 months as is specified in the order. (2E) The making of an order under subsection (2D) does not affect any other power to require the retention of the documents. (2F) An application under this section must be made not more than one year after the offence was committed. (2G) Any party to— (a) an application under subsection (2A), or (b) an application under subsection (2C), who is aggrieved by the refusal of the magistrates' court to act under subsection (2B) or to make an order under subsection (2D) (as the case may be) may appeal to the Crown Court.

• (2) In Schedule 1 to that Act, in rule 57(1) (retention and public inspection of documents) for “or the High Court” substitute “ , the High Court, the Crown Court or a magistrates' court ”.

Restriction on powers of arrest by persons other than constables

71

Section 24A of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant: other persons) does not permit a person other than a constable to arrest inside a polling station a person who commits or is suspected of committing an offence under section 60 of the 1983 Act (personation).

Pre-consolidation amendments

Pre-consolidation amendments

72

• (1) The Secretary of State may by order make such amendments of the enactments relating to the representation of the people as in his opinion facilitate or are otherwise desirable in connection with the consolidation of some or all of those enactments.

• (2) The enactments relating to the representation of the people are—

• (a) the Representation of the People Act 1983 (c. 2);

• (b) the Representation of the People Act 1985 (c. 50);

• (c) the Representation of the People Act 1989 (c. 28);

• (d) the Representation of the People Act 1993 (c. 29);

• (e) the Representation of the People Act 2000 (c. 2);

• (f) the Electoral Administration Act 2006;

• (g) the Elections (Northern Ireland) Act 1985 (c. 2);

• (h) the Electoral Fraud (Northern Ireland) Act 2002 (c. 13);

• (i) the Northern Ireland (Miscellaneous Provisions) Act 2006;

• (j) an enactment referring to any enactment falling within paragraphs (a) to (i).

• (3) An order under this section must not come into force unless an Act consolidating the enactments amended by the order (with or without other enactments relating to the representation of the people) has been passed.

• (4) An order under this section must not come into force until immediately before that Act comes into force.

• (5) Subsection (6) applies if the provisions of that Act come into force at different times.

• (6) So much of an order under this section as amends an enactment repealed and re-enacted by a provision of that Act comes into force immediately before that provision.

• (7) An order under this section must not be made unless the Secretary of State first consults the Electoral Commission.

• (8) An order under this section must be made by statutory instrument, but no such order may 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.

• (9) An order under this section must not make any provision which would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.

Legal incapacity to vote

Abolition of common law incapacity: mental state

73

• (1) Any rule of the common law which provides that a person is subject to a legal incapacity to vote by reason of his mental state is abolished.

• (2) Accordingly, in section 202(1) of the 1983 Act (general provisions as to interpretation), in the definition of “legal incapacity” after “addition” insert “ , where applicable, ”.

• (3) And in section 10(1) of the Elected Authorities (Northern Ireland) Act 1989 (c. 3) (interpretation), in the definition of “legal incapacity” omit the words “or of any subsisting provision of the common law”.

Part 9 — General

Miscellaneous amendments and repeals

74

• (1) Part 7 of Schedule 1 contains miscellaneous amendments.

• (2) Schedule 2 contains repeals.

Financial provision

75

• (1) There shall be paid out of money provided by Parliament—

• (a) any expenses incurred by the Secretary of State in consequence of this Act, and

• (b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

• (2) There shall be paid out of the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable out of that Fund.

Interpretation

76

• (1) “The 1983 Act” means the Representation of the People Act 1983 (c. 2).

• (2) “The 2000 Act” means the Political Parties, Elections and Referendums Act 2000 (c. 41).

Commencement

77

• (1) The following provisions come into force on the day on which this Act is passed—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) section 75;

• (i) section 76;

• (j) this section;

• (k) section 78;

• (l) section 79.

• (2) Otherwise, this Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

• (3) Different days may be appointed for different purposes.

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

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitory, transitional or saving provision,

as the Secretary of State considers necessary or expedient in connection with the order.

Extent

78

• (1) Subject to subsections (2) to (5), the extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

• (2) The following provisions do not extend to Northern Ireland—

• (a) sections 9(2)... and 11;

• (b) section 67;

• (c) section 70;

• (d) Part 2 of Schedule 1.

• (3) Section 70 does not extend to Scotland.

• (4) A repeal of an enactment by Schedule 2 which corresponds to a repeal of that enactment by any other provision of this Act has the same extent as that other provision.

• (5) The repeal in Schedule 2 relating to paragraph 86 of Schedule 4 to the Representation of the People Act 1985 (c. 50) does not extend to Northern Ireland.

Short title

79

This Act may be cited as the Electoral Administration Act 2006.

SCHEDULE 1

Part 1 — Anonymous registration

The Juries Act 1974 (c. 23)

1

In section 3 of the Juries Act 1974 (electoral register as basis of jury selection), after subsection (1) insert—

(1A) If a register to be delivered under subsection (1) above includes any anonymous entries (within the meaning of that Act of 1983) the registration officer must, at the same time as he delivers the register, also deliver to the designated officer any record prepared in pursuance of provision made as mentioned in paragraph 8A of Schedule 2 to that Act which relates to such anonymous entries.

The 1983 Act

2

The 1983 Act is amended in accordance with paragraphs 3 to 16.

3

In section 4 (entitlement to be registered as parliamentary or local government elector), after subsection (5) insert—

(5A) If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 below.

4

• (1) Section 9 (registers of electors) is amended as follows.

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

• (3) In subsection (5), for “names” substitute “ entries ”.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

• (1) Section 10A (maintenance of the registers: registration of electors) is amended as follows.

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

• (3) In subsection (5) the words “the name of” are omitted.

7

In section 49 (effect of registers), after subsection (4) insert—

(4A) Subsection (4) applies to an entry in the record of anonymous entries as it applies to an entry in the register of parliamentary or local government electors.

8

In section 56 (registration appeals), in subsection (1) after paragraph (aa) (inserted by section 12(8) of this Act) insert—

(ab) from a determination of the registration officer under section 9B(2) above,

.

9

• (1) Section 62 (offences as to declarations) is amended as follows.

• (2) After subsection (1) insert—

(1A) A person who makes a declaration under section 9B(1)(b) above— (a) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or (b) when he knows that it contains a statement which is false, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (3) In subsection (2) for “the reference in subsection (1) above to a legal incapacity to vote refers” substitute “ the references in subsections (1) and (1A) above to a legal incapacity to vote refer ”.

10

• (1) Section 91 (candidate's right to send election address post free) is amended as follows.

• (2) After subsection (2) insert—

(2A) The candidate may require the returning officer to make arrangements with the universal service provider for communications under subsection (1)(b) to be sent to persons who have anonymous entries in the register. (2B) Arrangements under subsection (2A) shall be such as to ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.

• (3) In subsection (4)(b)—

• (a) after “in that register” insert “ (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) ”, and

• (b) after “from the register” insert “ (or from the record) ”.

11

In section 121 (presentation and service of parliamentary election petition), after subsection (1) insert—

(1A) The reference in subsection (1)(a) to a person who voted as an elector at an election or who had the right so to vote does not include a person who had an anonymous entry in the register of electors.

12

In section 128 (presentation of petition questioning local election), after subsection (1) insert—

(1A) The reference in subsection (1) to a person who voted as an elector at an election or who had the right so to vote does not include a person who had an anonymous entry in the register of electors. (1B) Subsection (1A) does not apply to a local government election in Scotland.

13

• (1) Section 202(1) (general provisions as to interpretation) is amended as follows.

• (2) Before the definition of “citizen of the Union” insert—

“anonymous entry”, in relation to a register of electors, shall be construed in accordance with section 9B above and “the record of anonymous entries”, means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to this Act;

.

• (3) In the definition of “elector”—

• (a) for “whose name is for the time being” substitute “ who has for the time being an entry ”, and

• (b) after “shown in the register” insert “ (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) ”.

14

• (1) Schedule 1 (parliamentary elections rules) is amended as follows.

• (2) In rule 7 (subscription of nomination paper), after paragraph (6) insert—

(7) But, in this rule, “elector” does not include a person who has an anonymous entry in the register.

• (3) In rule 28 (issue of official poll cards) after paragraph (3) insert—

(3A) In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b) above the polling card shall contain such matter as is prescribed.

• (4) In rule 29 (equipment of polling stations), in paragraph (3)(c) for “names of” substitute “ entries relating to ”.

• (5) In rule 40 (tendered ballot papers) after paragraph (4) insert—

(4A) This rule applies to an elector who has an anonymous entry subject to the following modifications— (a) in paragraphs (2)(b) and (3) the references to the name of the voter must be ignored; (b) otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears on the register or list (as the case may be).

15

• (1) Schedule 2 (provisions which may be contained in regulations as to registration etc.) is amended as follows.

• (2) In paragraph 1(3), for “name” substitute “ entry ”.

• (3) After paragraph 2A insert—

(2B) Provisions requiring registration officers to remind persons with anonymous entries in registers of the need to make a fresh application and declaration in order for them to remain so registered.

• (4) After paragraph 3A insert—

(3B) Provisions as to the form and content of applications for an anonymous entry and declarations to be made in connection with such applications.

• (5) In paragraph 5, after sub-paragraph (1A) insert—

(1B) Provisions as to the evidence which shall or may be deemed sufficient or conclusive evidence that a person's safety would be at risk as mentioned in section 9B(10) of this Act.

• (6) After paragraph 8 insert—

(8A) Provisions requiring the registration officer to prepare a record of those persons with anonymous entries in the register showing, in relation to each such person, such information as is prescribed.

• (7) In paragraph 10, after sub-paragraph (1) insert—

(1A) The edited version shall also omit anonymous entries.

16

In Schedule 2A (control of donations to candidates), the existing text of paragraph 10 becomes sub-paragraph (1) of the paragraph and after sub-paragraph (1) insert—

(2) If the statement states that the candidate's election agent has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual donor has an anonymous entry in an electoral register, the statement must be accompanied by a copy of the evidence. (3) Sub-paragraph (2) does not apply to local government elections in Scotland.

The Representation of the People Act 1985 (c. 50)

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Greater London Authority Act 1999 (c. 29)

18

• (1) Section 17A of the Greater London Authority Act 1999 (free delivery of election addresses) is amended as follows.

• (2) In subsection (2)(b)—

• (a) after “in any such register” insert “ (or, in the case of a person who has an anonymous entry in any such register, in the record of anonymous entries for that electoral area) ”, and

• (b) after “from the register” insert “ (or from the record) ”.

• (3) After subsection (2) insert—

(2A) In subsection (2)(b), “anonymous entry” and “record of anonymous entries” have the meaning given in section 202(1) of the Representation of the People Act 1983.

The Representation of the People Act 2000 (c. 2)

19

Schedule 4 to the Representation of the People Act 2000 (absent voting) is amended in accordance with paragraphs 20 to 23.

20

• (1) Paragraph 3 is amended as follows.

• (2) In sub-paragraph (3), after paragraph (a) insert—

(aa) if he has an anonymous entry in the register of electors for the election,

.

• (3) After sub-paragraph (3) insert—

(3A) Sub-paragraph (3)(aa) does not apply to an application to vote by proxy at a local government election in Scotland.

• (4) In sub-paragraph (5), after paragraph (a) insert—

(aa) in the case of a person who is eligible to vote by proxy by virtue of having an anonymous entry, if he ceases to have an anonymous entry,

.

21

In paragraph 4, after sub-paragraph (2) insert—

(2A) Where a person who has an anonymous entry in the register of electors for a parliamentary or local government election applies to the registration officer to vote by proxy at a particular such election the registration officer shall grant the application if it meets the prescribed requirements. (2B) Sub-paragraph (2A) does not apply to an application to vote by proxy at a local government election in Scotland.

22

In paragraph 5, after sub-paragraph (3) insert—

(4) In the case of a person who has an anonymous entry in a register the postal voters list or list of proxies (as the case may be) must show in relation to the person only— (a) his electoral number, and (b) the period for which the anonymous entry has effect. (5) Sub-paragraph (4) does not apply to any list kept in respect of a local government election in Scotland.

23

In paragraph 7, after sub-paragraph (8) insert—

(8A) In the case of a person who has an anonymous entry in a register the special list mentioned in sub-paragraph (8) must contain only— (a) the person's electoral number, and (b) the period for which the anonymous entry has effect. (8B) Sub-paragraph (8A) does not apply to a special list kept in respect of a local government election in Scotland.

The 2000 Act

24

The 2000 Act is amended as follows.

25

In section 65 (submission of donation reports to Commission), after subsection (2) insert—

(2A) If a donation report under section 62 or 63 states that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual donor has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), the report must be accompanied by a copy of the evidence.

26

In paragraph 2 of Schedule 6 (details to be given in donation reports) after sub-paragraph (3A) insert—

(3B) Sub-paragraph (2) applies in the case of a donation by a person who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), as if for paragraphs (a) and (b) there were substituted “ state that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) ”. (3C) Sub-paragraph (3) applies in the case of a donation in the form of a bequest by a person who either— (a) at the time of his death, or (b) at any time in the period of five years ending with the date of his death, had an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), as if for paragraph (b) there were substituted— (b) a statement that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual had— (i) at the time of his death, or (ii) at any time in the period of five years ending with the date of his death, an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983).

27

The existing text of paragraph 3 of that Schedule becomes sub-paragraph (1) and after sub-paragraph (1) insert—

(2) In the case of a donation by a person who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), instead of giving details of the address of the donor the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the person has such an entry. (3) In the case of a donation in the form of a bequest by a person who either— (a) at the time of his death, or (b) at any time in the period of five years ending at the date of his death, had such an entry, instead of giving details of the address of the donor, the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the person had, at that time, such an entry.

28

In Schedule 7 (control of donations to individuals and members associations), in paragraph 10, after sub-paragraph (4) insert—

(4A) In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), if the report states that the donee has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence.

29

In Schedule 11 (control of donations to recognised third parties), in paragraph 10, after sub-paragraph (3) insert—

(4) In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) if the statement states that the recognised third party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the statement must be accompanied by a copy of the evidence.

30

In Schedule 15 (control of donations to permitted participants), in paragraph 10, after sub-paragraph (3) insert—

(4) In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) if the statement states that the permitted participant has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the statement must be accompanied by a copy of the evidence.

Part 2 — Alteration of registers: pending elections

31

The 1983 Act is amended as follows.

32

In section 13A(4) (alteration of registers), after “section 13B(3)” insert “ , (3B) or (3D) ”.

33

Schedule 1 (parliamentary elections rules) is amended as follows.

34

In rule 29 (equipment of polling stations) after paragraph (5) insert—

(6) The reference in paragraph (3)(c) to the copies of the registers of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of this Act in respect of alterations to the register.

35

In rule 38 (votes marked by presiding officer), after paragraph (2) insert—

(3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (2) above applies as if for “on the register of electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) ”.

36

In rule 39 (voting by person with disabilities), after paragraph (4) insert—

(4A) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (4) above applies as if for “in the register of electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) ”.

37

In rule 40 (tendered ballot papers), after paragraph (4A) (inserted by paragraph 14(5) above) insert—

(4B) This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) as if— (a) in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted “ in respect of whom a notice under section 13B(3B) or (3D) of this Act has been issued ”; (b) in paragraph (2)(b) for “his number in the register of electors” there were substituted “ the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act ”; (c) in paragraph (3) for “his number on the register of electors” there were substituted “ the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act ”.

38

After rule 41 (spoilt ballot papers) insert—

(41A) The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of this Act which takes effect on the day of the poll.

39

In rule 43 (procedure on close of poll)—

• (a) in paragraph (1)(d), after “electors” insert “ (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) ”;

• (b) in paragraph (1)(f) after “ “unable to read”,” insert “ the list maintained under rule 41A, ”.

40

In rule 55 (delivery of documents to Clerk of the Crown)—

• (a) in paragraph (1)(c) after “and the related statements,” insert “ the lists maintained under rule 41A, ”;

• (b) in paragraph (1)(e) after “registers” insert “ (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) ”.

Part 3 — Standing for election

European Parliament

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Greater London Authority

42

• (1) Section 20 of the Greater London Authority Act 1999 (c. 29) (qualification to be Mayor or Assembly member) is amended as follows.

• (2) In subsection (2)(a) before “Commonwealth” insert “ qualifying ”.

• (3) After subsection (7) insert—

(7A) For the purposes of this section, 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 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. (7B) But a person is not a qualifying Commonwealth citizen by virtue of subsection (7A)(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) In subsection (8), in paragraph (a) of the definition of “relevant citizen of the Union” before “Commonwealth” insert “ qualifying ”.

Local authorities in England and Wales

43

• (1) Section 79 of the Local Government Act 1972 (c. 70) (qualifications for election and holding office as a member of a local authority) is amended as follows.

• (2) In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.

• (3) In subsection (2A) before “Commonwealth” insert “ qualifying ”.

• (4) After subsection (2A) insert—

(2B) For the purposes of this section, 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 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. (2C) But a person is not a qualifying Commonwealth citizen by virtue of subsection (2B)(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).

National Assembly for Wales

44

In section 13(2) of the Government of Wales Act 1998 (c. 38) (exceptions and relief from disqualification) before “Commonwealth” insert “ certain ”.

Scottish Parliament

45

In section 16(2) of the Scotland Act 1998 (c. 46) (exceptions and relief from disqualification) before “Commonwealth” insert “ certain ”.

Local authorities in Scotland

46

• (1) Section 29 of the Local Government (Scotland) Act 1973 (c. 65) (qualifications for nomination, election and holding office as a member of a local authority in Scotland) is amended as follows.

• (2) In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.

• (3) In subsection (2) before “Commonwealth” insert “ qualifying ”.

• (4) After subsection (2) insert—

(3) For the purposes of this section, 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 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. (4) But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(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).

Councillors in Northern Ireland

47

• (1) Section 3 of the Local Government Act (Northern Ireland) 1972 (C.9) (qualifications for nomination, election and holding office as a councillor in Northern Ireland) is amended as follows.

• (2) In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.

• (3) In subsection (2) before Commonwealth insert “ qualifying ”.

• (4) After subsection (3) insert—

(4) For the purposes of this section, 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 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. (5) But a person is not a qualifying Commonwealth citizen by virtue of subsection (4)(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).

Part 4 — Omission of references to Maundy Thursday

The Electoral Law Act (Northern Ireland) 1962 (C. 14)

48

In Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local elections rules), in rule 2 (computation of time) omit the words “Maundy Thursday”.

The 1983 Act

49

The 1983 Act is amended in accordance with paragraphs 50 to 52.

50

In section 40(1) (timing as to local elections in England and Wales), omit the words “Maundy Thursday,”.

51

• (1) In section 119(2) (computation of time for purposes of Part 2), omit the words “Maundy Thursday,”.

• (2) The amendment made by sub-paragraph (1) does not have effect so far as it relates to a local government election in Scotland.

52

In rule 2(1) of Schedule 1 (computation of time for purposes of parliamentary elections rules), in paragraph (b), omit the words “Maundy Thursday,”.

The Representation of the People Act 1985 (c. 50)

53

In section 19(6) of the Representation of the People Act 1985 (amendments and modifications of the Local Government Act 1972), in paragraph (b) (which modifies the rules about computation of time in section 243(4) of the 1972 Act), omit the words “Maundy Thursday,”.

The 2000 Act

54

In section 77(9) of the 2000 Act (computation of time for purposes of making claims in respect of campaign expenditure), in paragraph (a), omit the words “Maundy Thursday,”.

Part 5 — Conduct of elections

The Electoral Law Act (Northern Ireland) 1962

55

The Electoral Law Act (Northern Ireland) 1962 (C. 14) is amended in accordance with paragraphs 56 to 68.

Attendance at election proceedings

56

In Schedule 5 (local elections rules), in rule 9 (right to attend nomination)—

• (a) in paragraph (1), after paragraph (b) insert

or (c) a person who is entitled to attend by virtue of section 6A or 6B of the Political Parties, Elections and Referendums Act 2000,

;

• (b) after paragraph (3) insert—

(4) Paragraph (3) does not apply to a person mentioned in paragraph (1)(c).

57

In rule 29 of that Schedule (admission to polling station) for paragraph (1) substitute—

(1) The presiding officer shall exclude all persons from the polling station except— (a) voters; (b) persons under the age of 18 who accompany voters to the polling station; (c) the candidates and their election agents; (d) the polling agents appointed to attend at the polling station; (e) the clerks appointed to attend at the polling station; (f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000; (g) the constables on duty; and (h) the companions of voters with disabilities. (1A) The presiding officer shall regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

58

In rule 44 of that Schedule (attendance at counting of votes) in paragraph (1), after sub-paragraph (e) insert—

(f) a person who is entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000.

Identifying marks and security markings on ballot papers etc.

59

• (1) Rule 16 of that Schedule (ballot papers) is amended as follows.

• (2) In paragraph (2)(c) after “number” insert “ and other unique identifying mark ”.

• (3) In paragraph (2)(d) after “number” insert “ and other unique identifying mark ”.

60

• (1) Rule 17 of that Schedule (the official mark) is amended as follows.

• (2) For paragraph (1) substitute—

(1) Every ballot paper must contain an appropriate security marking (the official mark).

• (3) For paragraph (3) substitute—

(3) The returning officer may use a different official mark for different purposes at the same election.

61

• (1) The Appendix of forms of that Schedule is amended as follows.

• (2) 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”.

• (3) In the Directions as to printing the ballot paper omit paragraph 3(e).

• (4) In the Declaration of identity Front of form omit “Ballot Paper No....................”.

• (5) In the Directions for the guidance of voters in voting—

• (a) omit paragraph 1;

• (b) in paragraph 6 omit “holding the paper so that the presiding officer can see the official mark on the back of it”.

62

• (1) Paragraph 27 of Schedule 9 (electoral misdemeanours) is amended as follows.

• (2) In sub-paragraph (2)(a) after “number” insert “ or other unique identifying mark ”.

• (3) In sub-paragraph (3)(c) after “number” insert “ or other unique identifying mark ”.

• (4) In sub-paragraph (4)(b) and (c) after “number” insert “ or other unique identifying mark ”.

Tendered votes in certain circumstances

63

• (1) In rule 37 of Schedule 5 (tendered ballot papers) after paragraph (1) insert—

(1A) Paragraph (1C) 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 absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 as a person entitled to vote by post, and (c) he claims that he did not make an application to vote by post at the election. (1B) Paragraph (1C) 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 absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy, and (c) he claims that he did not make an application to vote by post as proxy. (1C) 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 (1C) of that rule (inserted by sub-paragraph (1) above) insert—

(1D) Paragraph (1E) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be— (a) a particular elector named on the register who is also named in the absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to that Order as a person entitled to vote by post, or (b) a particular person named as a proxy in the list of proxies and who is also named in the absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy, and claims that he has lost or has not received his postal ballot paper. (1E) 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.

64

In rule 32 of that Schedule (questions to be put to voters) after paragraph (1A) insert—

(1B) In the case of a person applying as an elector who is named in the absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 as a person entitled to vote by post, the presiding officer may put either or both of the following additional questions— (a) “Did you apply to vote by post?”; (b) “Why have you not voted by post?”. (1C) In the case of a person applying as proxy who is named in the absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy, the presiding officer may put either or both of the following additional questions— (a) “Did you apply to vote by post as proxy?”; (b) “Why have you not voted by post as proxy?”.

Assistance for persons with disabilities

65

In rule 35 of Schedule 5 (votes marked by presiding officer)—

• (a) in paragraph (1)(a) for “physical cause” substitute “ disability ”;

• (b) after paragraph (5) insert—

(6) In this rule and in rule 36, reference to disability, in relation to voting, includes a short term inability to vote.

66

In rule 36 of that Schedule (voting by persons with disabilities), in paragraph (1)—

• (a) in sub-paragraph (a) for “physical incapacity” substitute “ disability ”;

• (b) for “other incapacity” substitute “ other disability ”.

67

In rule 41 of that Schedule (procedure on close of poll), in paragraph (1)(f) for “ “physical incapacity”” substitute “ “disability” ”.

68

In the Appendix of Forms in that Schedule, in Note number 2 to the Form of declaration to be made by the companion of a voter with disabilities for “incapacity” substitute “ disability ”.

The 1983 Act

69

The 1983 Act is amended in accordance with paragraphs 70 to 96.

Official poll cards

70

• (1) Rule 28 of Schedule 1 (issue of official poll cards) is amended as follows.

• (2) For paragraph (1) substitute—

(1) The returning officer shall as soon as practicable after the publication of notice of the election send to electors and their proxies an official poll card. (1A) An official poll card shall not be sent to a person registered, or to be registered, in pursuance of an overseas elector's declaration.

• (3) In paragraph (3) after sub-paragraph (c) insert—

(d) such other information as is prescribed; (e) such other information as the returning officer thinks appropriate, and different information may be provided in pursuance of sub-paragraph (d) and (e) to different electors or descriptions of elector.

Election expenses

71

In section 76(1B) (limitation of election expenses) for “above” (in both places) substitute “ below ”.

Postal voting statement

72

In section 65 (tampering with nomination papers, ballot papers etc.) in subsection (1)(b) after “or any” insert “ postal voting statement or ”.

73

• (1) Rule 45 of Schedule 1 (the count at parliamentary elections) is amended as follows.

• (2) In paragraph (1B)(b)—

• (a) for “the declaration of identity” substitute “ the postal voting statement ”;

• (b) omit the words “and authenticated”.

• (3) In paragraph (1B)—

• (a) omit “and” after paragraph (a);

• (b) after sub-paragraph (b) insert—

(c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and (d) in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed, the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).

Questions to be put to voters

74

For rule 35 of that Schedule (questions to be put to voters) substitute—

(35) (1) At the time of the application (but not afterwards), the questions specified in the second column of the following table— (a) may be put by the presiding officer to a person who is mentioned in the first column, and (b) shall be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:

Person applying for ballot paper	Questions
1 A person applying as an elector.	(a) “Are you the person registered in the register of parliamentary electors for this election as follows (read out the whole entry from the register)” R(b) “Have you already voted, here or elsewhere, at this election, otherwise than as proxy for some other person” R(c) At an election held in Northern Ireland, “What is your date of birth”
2 A person applying as proxy.	(a) “Are you the person whose name appears as A.B. in the list of proxies for this election (b) “Have you already voted here or elsewhere at this election, as proxy on behalf of C.D.” Ras entitled to vote as proxy on behalf of C.D.” R(c) “Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of C.D.” R
3 A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2 above).	(a) “Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)” R(b) “Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)” R(c) “Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of the person whose number on the register of electors is (read out the number from the register)” R
4 Person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative.	“Have you at this election already voted in this constituency on behalf of two persons of whom you are not the spouse, civil partner, parent, grand-parent, brother/sister, child or grandchild?” [R]
5 A person applying as an elector in relation to whom there is an entry in the postal voters list.	(a) “Did you apply to vote by post”(b) “Why have you not voted by post”
6 A person applying as proxy who is named in the proxy postal voters list.	(a) “Did you apply to vote by post as proxy”(b) “Why have you not voted by post as proxy”

(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register must be taken as references to reading from the notice issued under section 13B(3B) or (3D). (3) A ballot paper shall not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily. (4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.

Voting procedure

75

• (1) For rule 37 of that Schedule (voting procedure) substitute—

(37) (1) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery— (a) the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors shall be called out; (b) the number of the elector shall be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him; (c) a mark shall be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received; (d) the voter shall sign the list mentioned in rule 29(3)(e) beside the number of the elector marked on the list in accordance with sub-paragraph (b) above; and (e) in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies. (2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card and only his number shall be called out in pursuance of paragraph (1)(a). (3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), paragraph (1) above is modified as follows— (a) in sub-paragraph (a), for “copy of the register of electors” substitute “ copy of the notice issued under section 13B(3B) or (3D) of this Act ”; (b) in sub-paragraph (c), for “in the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of this Act ”. (4) Paragraph (1)(d) above does not apply to a voter to whom rule 38 or 39 applies. (5) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence. (6) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

• (2) This paragraph does not extend to Northern Ireland.

Assistance for persons with disabilities

76

In section 202 (general provisions as to interpretation), in subsection (1) after the definition of “Common Council” insert—

“disability”, in relation to doing a thing, includes a short term inability to do it;

.

77

In rule 38 of Schedule 1 (votes marked by presiding officer), in paragraph (1)(a) for “physical cause” substitute “ disability ”.

78

In rule 39 of that Schedule (voting by persons with disabilities), in paragraph (1)—

• (a) in sub-paragraph (a) for “physical incapacity” substitute “ disability ”;

• (b) for “other incapacity” substitute “ other disability ”.

79

In rule 43 of that Schedule (procedure on close of poll), in paragraph (1)(f) for “ “physical incapacity”” substitute “ “disability” ”.

80

In the Appendix of Forms in that Schedule, in Note number 2 to the Form of declaration to be made by the companion of a voter with disabilities for “incapacity” substitute “ disability ”.

Tendered ballot papers

81

• (1) Rule 40 of that Schedule (tendered ballot papers) is amended as follows.

• (2) After paragraph (1ZE) (inserted by section 38(2)) insert—

(1ZF) A person to whom a ballot paper is not delivered under paragraph (3) of rule 35 following his unsatisfactory answer to the question at entry 1(c) in the table in paragraph (1) of that rule shall, if he satisfactorily answers any other questions permitted by law to be asked at the poll, nevertheless 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.

• (3) In paragraph (3) at the end insert “ and the voter must sign the list opposite the entry relating to him ”.

Attendance at election proceedings

82

In section 66(1) (requirement of secrecy) after paragraph (b) insert—

(c) every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

.

83

• (1) Rule 11 of Schedule 1 (right to attend nomination) is amended as follows.

• (2) In paragraph (1), after sub-paragraph (b) insert

or (c) a person who is entitled to attend by virtue of section 6A or 6B of the Political Parties, Elections and Referendums Act 2000,

.

• (3) After paragraph (3) insert—

(3A) Paragraph (3) does not apply to a person mentioned in paragraph (1)(c).

• (4) In paragraph (4) for “A candidate's spouse or civil partner” substitute “ One other person chosen by the candidate ”.

84

In rule 32 of that Schedule (admission to polling station) for paragraph (1) substitute—

(1) The presiding officer shall exclude all persons from the polling station except— (a) voters; (b) persons under the age of 18 who accompany voters to the polling station; (c) the candidates and their election agents; (d) the polling agents appointed to attend at the polling station; (e) the clerks appointed to attend at the polling station; (f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000; (g) the constables on duty; and (h) the companions of voters with disabilities. (1A) The presiding officer shall regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

85

• (1) Rule 44 of that Schedule (attendance at counting of votes) is amended as follows.

• (2) In paragraph (2)(b) for “their spouses or civil partners” substitute “ one other person chosen by each of them ”.

• (3) After paragraph (2)(d) insert—

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000.

Identifying marks and security markings on ballot papers etc.

86

In section 66 (requirement of secrecy), in each of the following provisions, after “number” insert “ or other unique identifying mark ”

• (a) subsection (2)(a);

• (b) subsection (3)(c);

• (c) subsection (4)(b) and (c);

• (d) subsection (5).

87

In rule 19 of Schedule 1 (ballot papers at parliamentary elections), in paragraph (2)(c) after “number” insert “ and other unique identifying mark ”.

88

• (1) Rule 20 of that Schedule (the official mark at parliamentary elections) is amended as follows.

• (2) For paragraph (1) substitute—

(1) Every ballot paper must contain an appropriate security marking (the official mark).

• (3) For paragraph (3) substitute—

(3) The returning officer may use a different official mark for different purposes at the same election.

89

In rule 29 of that Schedule (equipment of polling stations at parliamentary elections), in paragraph (3), sub-paragraph (b) is omitted.

90

• (1) Rule 37 of that Schedule (voting procedure at parliamentary elections) is amended as follows.

• (2) In paragraph (1)—

• (a) sub-paragraph (a) is omitted;

• (b) in sub-paragraph (c) for “the counterfoil” substitute “ the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him ”.

• (3) In paragraph (2) for “the official mark” substitute “ the number and other unique identifying mark ”.

• (4) This paragraph extends only to Northern Ireland.

91

In rule 45 of that Schedule (the count), in paragraph (4) after “numbers” insert “ or other unique identifying marks ”.

92

In rule 47 of that Schedule (rejected ballot papers at parliamentary elections), in paragraph (1)(c) after “number” insert “ and other unique identifying mark ”.

93

• (1) The Appendix of forms in that Schedule is amended as follows.

• (2) In the Directions as to printing the ballot paper, for paragraph 4 substitute—

(4) The number and other unique identifying mark may be printed close to each other on the back of the ballot paper.

• (3) For the Form of directions for the guidance of the voters in voting substitute—

Form of directions for the guidance of the voters in voting (1) When you are given a ballot paper go to one of the compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate you are voting for. (2) Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted. Do not let anyone see your vote. (3) Fold the ballot paper in two. Show the back of the ballot paper to the presiding officer so as to disclose the number and other unique identifying mark. Put the ballot paper in the ballot box and leave the polling station. (4) If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

Cancellation of postal ballot papers

94

In Schedule 2 (provisions which may be contained in regulations as to registration etc), in paragraph 12 after sub-paragraph (a) insert—

(aa) authorising the cancellation or removal of ballot papers in any prescribed circumstances;

.

Control of documents after parliamentary election: Northern Ireland

95

• (1) Schedule 1 (parliamentary elections rules) is amended as follows.

• (2) In rule 55 (delivery of documents after poll) after paragraph (1A) (inserted by section 41(3)(b)) insert—

(1B) Paragraph (1)(e) does not apply to an election for a constituency in Northern Ireland, but the returning officer shall endorse on each packet containing— (a) marked copies of the registers, (b) the postal voters list, (c) the proxy postal voters list, and (d) lists of proxies, a description of its contents, the date of the election to which it relates and the name of the constituency for which the election was held.

• (3) In rule 57 (retention and public inspection of documents) after paragraph (1) insert—

(1A) The Chief Electoral Officer for Northern Ireland shall retain for a year the documents mentioned in rule 55(1B), and then, unless otherwise directed by order of the House of Commons or the High Court, shall cause them to be destroyed.

• (4) This paragraph extends only to Northern Ireland.

Local government elections in Scotland

96

The amendments made by paragraphs 72, 86 and 94 do not apply to a local government election in Scotland.

Part 6 — Control of loans etc. to individuals and members associations

97

The 2000 Act is amended in accordance with paragraphs 98 to 102.

98

After section 71X (inserted by section 61 of this Act) insert—

(71Y) Schedule 7A, which makes provisions for controlling loans and certain other transactions to individual members of registered parties, associations of such members, and certain elected office holders, shall have effect.

99

After Schedule 7 insert—