Electoral Administration Act 2006 (c. 22)

(The document as of February, 2008)

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(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.

(1ZE) 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. "

(3) In section 61 of that Act (certain voting offences), after subsection (6) insert--

" (6A) A person is not guilty of an offence under subsection (2)(b) or (3)(b) above only by reason of his having marked a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules. "

(4) In section 5 of the Representation of the People Act 1985 (c. 50) (absent voting in Northern Ireland) after subsection (5A) insert--

" (5B) Subsection (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules. "

(5) In section 9 of that Act (voting as proxy in Northern Ireland) after subsection (11) insert--

" (11A) Subsection (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules. "

(6) In Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting in Great Britain)--

(a) in paragraph 2 (manner of voting at parliamentary or local government elections) after sub-paragraph (6) insert--

" (6A) Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules. " ;

(b) in paragraph 7 (voting as proxy) after sub-paragraph (9) insert--

" (10) Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules. "

Offences related to voting

39 Undue influence

(1) In section 115 of the 1983 Act (offence of undue influence), in subsection (2)(b)--

(a) after "prevents" insert ", or intends to impede or prevent,";

(b) after "prevails upon" insert ", or intends so to compel, induce or prevail upon,".

(2) This section does not have effect in relation to a local government election in Scotland.

40 Offences relating to applications for postal and proxy votes

After section 62 of the 1983 Act (offences as to declarations) insert--

" 62A Offences relating to applications for postal and proxy votes

(1) A person commits an offence if he--

(a) engages in an act specified in subsection (2) at a parliamentary or local government election, and

(b) intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.

(2) These are the acts--

(a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

(b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

(c) inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

(d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(3) In subsection (1)(b), property includes any description of property.

(4) In subsection (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

(5) A person who commits an offence under subsection (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

(6) This section does not apply to anything done at a local government election in Scotland. "

Access to election documents

41 Control of documents after parliamentary election

(1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended in accordance with subsections (2) to (7).

(2) In the heading to rule 55 (delivery of documents after poll) for "Clerk of the Crown" substitute "registration officer".47

(3) In that rule--

(a) in paragraph (1) for "Clerk of the Crown" substitute "relevant registration officer";

(b) after paragraph (1) insert--

" (1A) In this rule and in rules 56 and 57 references to the relevant registration officer are to--

(a) the registration officer of the local authority in whose area the constituency is situated, or

(b) if the constituency comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered. " ;

(4) In rule 56 (orders for production of documents)--

(a) in each of paragraphs (1), (6) and (8) for "Clerk of the Crown" substitute "relevant registration officer";

(b) in paragraph (2) for "Clerk of the Crown's" substitute "relevant registration officer's";

(5) In rule 57 (retention and public inspection of documents)--

(a) in paragraph (1) for "Clerk of the Crown" substitute "relevant registration officer";

(b) for paragraph (3) substitute--

" (3) The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations. " ;

" (4) Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list--

(a) a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;

(b) a person who was a candidate at the election in relation to the constituency for which he was a candidate.

(5) Regulations may impose conditions in relation to--

(a) the inspection of any document in pursuance of paragraph (2);

(b) the supply of any document or part of a document in pursuance of paragraph (3);

(6) Regulations may also make provision--

(a) as to the form in which any such document or part is supplied;

(b) for the payment of a fee in respect of the supply of a document or part.

(7) Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to--

(a) whether a person may take any copy of a document he is permitted to inspect;

(b) the manner in which any such copy is to be taken;

(c) the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.

(8) Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may--

(a) supply that document or part to any other person;

(b) disclose to any other person any information contained in the document or part;

(9) Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)--

(a) which was supplied to another person in pursuance of paragraph (4), or

(b) otherwise than in accordance with regulations under this section. "

(6) For rule 58 (documents in Scotland) substitute--

" 58 (1) In the application of rules 55 to 57 to elections in Scotland, the references to the relevant registration officer shall be taken to be references to the relevant sheriff clerk.

(2) For the purposes of rule 55 as it applies to elections in Scotland--

(a) the documents to be forwarded in accordance with that rule may be forwarded by being--

(i) delivered to the relevant sheriff clerk by the returning officer or his agent, or

(ii) sent to the relevant sheriff clerk by recorded delivery post,

(b) on forwarding the documents, the returning officer must deliver or send to the relevant sheriff clerk along with the documents a letter specifying the number and descriptions of the documents forwarded, and

(c) where the documents are forwarded by delivery under sub-paragraph (a)(i) above, the relevant sheriff clerk must, on receipt of the documents, provide the person delivering them with a signed receipt showing the date and time of receipt.

(3) In this rule, "relevant sheriff clerk" means--

(a) the sheriff clerk of the sheriff court district in which the constituency is situated, or

(b) if the constituency comprises any part of the area of more than one sheriff court district, the sheriff clerk of such one of those districts as the Secretary of State may by order appoint. "

(7) For rule 59 (documents in Northern Ireland) substitute--

" 59 In the application of rules 55 to 57 to elections for a constituency in Northern Ireland, the references to the relevant registration officer shall be taken to be references to the Clerk of the Crown for Northern Ireland. "

(8) In section 63 of that Act (breach of official duty), in subsection (3)(c) after "responsible after a" insert "parliamentary or".

(9) After section 66A of that Act (prohibition on publication of exit polls) insert--

" 66B Failure to comply with conditions relating to supply etc. of certain documents

(1) A person is guilty of an offence--

(a) if he fails to comply with any conditions imposed in pursuance of regulations under rule 57 of the parliamentary elections rules, or

(b) if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps.

(2) P is not guilty of an offence under subsection (1) if--

(a) he has an appropriate supervisor, and

(b) he has complied with all the requirements imposed on him by his appropriate supervisor.

(3) A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions.

(4) In subsections (1)(b) and (2)--

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions.

(5) A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. "

42 Access to other election documents

(1) The relevant officer must--

(a) make relevant election documents available for inspection by members of the public;

(b) supply, on request, copies of or extracts from such description of relevant election documents as is prescribed by regulations.

(2) In the case of an election other than a parliamentary election, a local government election in Scotland or a local election in Northern Ireland, each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list--

(a) a registered party;

(b) a person who was a candidate at the election in relation to the electoral area for which he was a candidate;

(c) in the case of an election at which a registered party submits a list of candidates, a person who was appointed as an agent for the candidates on the party's list.

(3) The Secretary of State may by regulations impose conditions in relation to--

(a) the inspection of any document in pursuance of subsection (1)(a);

(b) the supply of any document or part of a document in pursuance of subsection (1)(b);

(4) Regulations may also make provision--

(a) as to the form in which any such document or part is supplied;

(b) for the payment of a fee in respect of the supply of a document or part.

(5) Conditions which may be imposed for the purposes of subsection (3)(a) or (b) include conditions as to--

(a) whether a person may take any copy of a document he is permitted to inspect;

(b) the manner in which any such copy is to be taken;

(c) the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of subsection (1) may be used.

(6) Conditions which may be imposed for the purposes of subsection (3)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may--

(a) supply that document or part to any other person;

(b) disclose to any other person any information contained in the document or part;

(7) Regulations may also impose conditions corresponding to those mentioned in subsection (6) in respect of persons who have obtained a document or part of a document mentioned in subsection (2)--

(a) which was supplied to another person in pursuance of subsection (2), or

(b) otherwise than in accordance with regulations under this section.

(8) The power to make regulations under this section--

(a) is exercisable by the Secretary of State by statutory instrument;

(b) includes power to make different provision for different purposes.

(9) The Secretary of State must not make regulations under this section unless he first consults the Electoral Commission.

(10) No regulations may be made under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

43 Access to other election documents: contravention of regulations

(1) A person is guilty of an offence--

(a) if he fails to comply with any conditions imposed in pursuance of regulations under section 42, or

(b) if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps.

(2) P is not guilty of an offence under subsection (1) if--

(a) he has an appropriate supervisor, and

(b) he has complied with all the requirements imposed on him by his appropriate supervisor.

(3) A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions.

(4) In subsections (1)(b) and (2)--

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(5) A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

44 Access to other election documents: supplementary

(1) This section applies for the purposes of section 42.

(2) The relevant officer is--

(a) in England and Wales, the relevant registration officer;

(b) in Scotland, the relevant sheriff clerk;

(3) The relevant registration officer is--

(a) the registration officer of the local authority in whose area the election is held, or

(b) if the election is held in respect of an electoral area which comprises any part of the area of more than one local authority, such registration officer as the Secretary of State by order appoints.

(4) The relevant sheriff clerk is--

(a) the sheriff clerk of the sheriff court district in which the election is held, or

(b) if the election is held in respect of an electoral area which comprises any part of the area of more than one sheriff court district, the sheriff clerk of such of those districts as the Secretary of State by order appoints.

(5) The relevant election documents are such documents relating to an election (other than a parliamentary election, a local government election in Scotland or a local election in Northern Ireland) as the relevant officer is required by or under any enactment to retain for any period except--

(a) ballot papers;

(b) completed corresponding number lists;

(6) A party is a registered party if it is registered for the purposes of Part 2 of the 2000 Act (registration of political parties).

(7) An electoral area is--

(a) in relation to a local government election, an electoral area within the meaning of section 203(1) of the 1983 Act;

(b) in relation to an election to the National Assembly for Wales, an Assembly constituency or an Assembly electoral region within the meaning of section 2(2) of the Government of Wales Act 1998 (c. 38) (Assembly constituencies and Assembly regions);

(c) in relation to an election to the Scottish Parliament, a constituency or a region within the meaning of Schedule 1 to the Scotland Act 1998 (c. 46) (constituencies, regions and regional members);

(d) in relation to an election to the Northern Ireland Assembly, a constituency for the purposes of section 33 of the Northern Ireland Act 1998 (c. 47) (constituencies and numbers of members);

(e) in relation to an election to the European Parliament, an electoral region within the meaning of section 1 of the European Parliamentary Elections Act 2002 (c. 24) (electoral regions and number of MEPs).

(8) The marked register is the copy of the register of electors marked in accordance with provision corresponding to rule 37(1)(c) of the parliamentary elections rules.

(9) A marked copy of the list of proxies is the copy of that list marked in accordance with provision corresponding to rule 37(1)(e) of the parliamentary elections rules.

(10) A marked copy of the postal voters list or the proxy postal voters list is the copy of that list marked in accordance with provision corresponding to rule 31A(1) of the parliamentary elections rules.

(11) A completed corresponding number list is a list prepared under provision corresponding to rule 19A of the parliamentary elections rules which is completed in accordance with provision corresponding to rule 37(1)(b) and (d) of those rules.

(12) Expressions used in this section or section 42 or 43 and in the 1983 Act must (unless the context otherwise requires) be construed in accordance with that Act.

45 Marked postal voters list

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

(2) After rule 31 (notification of requirement of secrecy) insert--

" Return of postal ballot papers

31A (1) Where--

(a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the returning officer must mark the list in the prescribed manner.

(2) For the purposes of paragraph (1) above, regulations may prescribe the circumstances in which a postal vote or a proxy postal vote (as the case may be) is or is not to be treated as having been returned.

(3) Rule 45(1B) and (2) below does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned. "

(3) In rule 55 (delivery of documents after poll)--

(a) in paragraph (1)(e) for "of lists of proxies" substitute "of the postal voters list, of lists of proxies and of the proxy postal voters list";

(b) after paragraph (1)(e) insert--

" (f) such other documents relating to elections as are prescribed, " .

Correction of procedural errors

46 Returning officers: correction of procedural errors

(1) A returning officer for an election to which this section applies may take such steps as he thinks appropriate to remedy any act or omission on his part, or on the part of a relevant person, which--

(a) arises in connection with any function the returning officer or relevant person has in relation to the election, and

(b) is not in accordance with the rules or any other requirements applicable to the election.

(2) But a returning officer may not under subsection (1) re-count the votes given at an election after the result has been declared.

(3) This section applies to--

(a) a parliamentary election;

(b) a local government election in England and Wales (within the meaning of the 1983 Act).

(4) These are the relevant persons--

(a) an electoral registration officer;

(b) a presiding officer;

(d) a deputy of any person mentioned in paragraph (a) to (c) or a person appointed to assist, or in the course of his employment assisting, such a person in connection with any function he has in relation to the election.

(5) Subsections (1) to (4) must be construed as part of the Representation of the People Acts.

(6) In section 63 of the 1983 Act (breach of official duty), after subsection (3) insert--

" (4) Where--

(a) a returning officer for an election to which section 46 of the Electoral Administration Act 2006 applies is guilty of an act or omission in breach of his official duty, but

(b) he remedies that act or omission in full by taking steps under subsection (1) of that section,

he shall not be guilty of an offence under subsection (1) above.

(5) Subsection (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full. "

Miscellaneous amendments

47 Miscellaneous amendments of the 1983 Act

Part 5 of Schedule 1 (which contains miscellaneous amendments of the 1983 Act relating to the conduct of elections) has effect.

Part 7 Regulation of parties

Registration of parties

48 Registered names of parties

In section 28 of the 2000 Act (registration of parties), after subsection (4)(d) insert--

" (da) would be likely, were it to appear on a ballot paper issued at an election--

(i) to result in an elector being misled as to the effect of his vote, or

(ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere, " .

49 Political party descriptions

(1) In the 2000 Act after section 28 (registration of parties) insert--

" 28A Descriptions

(1) A party's application under section 28 may include a request for the registration of up to 12 descriptions to be used on nomination papers or ballot papers.

(2) Where a request is made by a party under this section in relation to a description, the Commission shall register the description as a description of the party unless it is of more than six words in length or in their opinion it--

(a) would be the same as the name of a party or the registered description of a party which (in either case) is already registered in the register in which that party is applying to be registered,

(b) would be likely to result in electors confusing that party with another party which is already registered in respect of the relevant part of the United Kingdom,

(d) is of such a character that its publication would be likely to amount to the commission of an offence,

(e) would be likely, were it to appear on a ballot paper issued at an election--

(i) to result in an elector being misled as to the effect of his vote, or

(ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,

(f) includes any script other than Roman script, or

(g) includes a word or expression prohibited by order made by the Secretary of State.

(3) In subsection (2)(b) "already registered in respect of the relevant part of the United Kingdom" has the meaning given by section 28(5).

(4) An order under subsection (2)(g) may except the use of a word or expression from the prohibition in specified circumstances.

(5) In the application of subsection (2) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is applying to be registered, for "it is of more than six words in length" substitute "its length exceeds six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language".

(6) The Secretary of State may, by order, substitute for the number "12" in subsection (1) such other number as he thinks appropriate.

(7) An order under subsection (2)(g) or (6) must not be made unless the Secretary of State first consults the Commission.

28B Joint descriptions

(1) Two or more parties which are registered under section 28 above in the same register may apply to the Commission to register a description for use by a candidate standing in the name of both or all of the parties jointly.

(2) The following provisions of section 28A apply to an application under this section as they apply to an application under that section--

(a) subsections (2) to (5);

(b) subsection (7), so far as it relates to subsection (2)(g).

(3) Subsections (1)(bb), (4A) to (4D) and (6A) of section 30 apply to a description mentioned in subsection (1) above as they apply to a description to which section 28A applies; and for the purposes of such application--

(a) any reference to a party in section 30 (except in relation to an application to remove a description under subsection (1)(bb) of that section) must be construed as a reference to the parties mentioned in subsection (1) above acting jointly,

(b) section 30(4A)(a) must be taken to read "the parties already have a description registered in pursuance of section 28B above", and

(c) the requirement in paragraph 9 of Schedule 4 for an application under section 30 to be signed by the responsible officer of a party must be taken to be a requirement for the application to be signed by a responsible officer of each party which joins in the application. "

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