Electoral Administration Act 2006 (c. 22)

(The document as of February, 2008)

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(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;

(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

14 Absent voting: personal identifiers

(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";

" (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

(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";

" (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

(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

(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--

" Provision of fresh signatures

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.

Use of personal identifier information

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;

(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.

15 Offences as to false registration information

(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);

(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

16 Review of polling places

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

" 18A Polling districts at parliamentary elections

(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;

(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 Polling places at parliamentary elections

(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 Review of polling districts and places

(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 Review of polling districts and places: representations to Electoral Commission

(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;

(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 Sections 18A to 18D: supplemental

(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;

(4) The following do not apply to Northern Ireland--

(a) section 18A(2) to (5);

(b) section 18B(2) to (5);

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--

Section 18C

" SCHEDULE A1 Review of polling districts and polling places

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

17 Minimum age

(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);

(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.

18 Certain Commonwealth citizens

(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.

19 Nomination procedures

(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--

" Correction of minor errors

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

20 Omission of references to Maundy Thursday

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

21 Use of candidates' common names

(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

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