Electoral Administration Act 2006 (c. 22)

(The document as of February, 2008)

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(6) So much of an order under this section as amends an enactment repealed and re-enacted by a provision of that Act comes into force immediately before that provision.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

73 Abolition of common law incapacity: mental state

(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

74 Miscellaneous amendments and repeals

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

(2) Schedule 2 contains repeals.

75 Financial provision

(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.

76 Interpretation

(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).

77 Commencement

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

(a) section 1 (except subsections (2) and (5));

(b) section 2 (except subsections (2), (4) to (9) and (12));

(c) section 3;

(d) section 4;

(e) section 5 (except subsection (10));

(f) section 6;

(g) section 8;

(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--94

(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.

78 Extent

(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, 10 and 11;

(b) section 67;

(c) section 70;

(d) Parts 1 and 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.

79 Short title

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

SCHEDULES

Sections 10, 11, 18, 20, 47, 61, 74

SCHEDULE 1 Amendments

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) In subsection (2), for "Each register" substitute "Subject to section 9B(3) below, each register".

(3) In subsection (5), for "names" substitute "entries".

5 In section 10 (maintenance of registers: annual canvass), in subsection (3) after paragraph (b) insert " ; or

(c) the registration of persons with anonymous entries in the register. "

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

(2) After subsection (3A) (inserted by section 12(4) of this Act) insert--

" (3B) No objection to a person's registration may be made if the person has an anonymous entry in the register. "

(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 (1) Section 3 of the Representation of the People Act 1985 is amended as follows.

(2) After subsection (4) insert--

" (4A) For the purposes of subsections (3)(a) and (4)(c) above, a person who has an anonymous entry in a register of parliamentary electors or local government electors is not to be regarded as being included in that register. "

(3) In subsection (7), for "names" substitute "entries".

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--

" Correction of errors on day of poll

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 (1) Section 10 of the European Parliamentary Elections Act 2002 (c. 24) (disqualifications) is amended as follows.

(2) In subsection (3) for "Commonwealth" substitute "qualifying Commonwealth citizens".

(3) After subsection (3) insert--

" (3A) A Commonwealth citizen who is resident in Gibraltar and who--

(a) does not, under the law of Gibraltar, require a permit or certificate to enter or remain there, or

(b) for the time being has (or is by virtue of any provision of the law of Gibraltar to be treated as having) a certificate of permanent residence issued under the Immigration Control Ordinance,

is not disqualified for the office of MEP under subsection (1)(a) merely because he is disqualified for membership of the House of Commons under section 3 of the Act of Settlement (12&13 Will 3 c. 2) (disqualification of persons, other than qualifying Commonwealth citizens and Republic of Ireland citizens, who are born outside Great Britain and Ireland and the dominions).

(3B) But subsection (3A)(a) does not cause a person to be qualified for the office of MEP if he does not require a permit or certificate to enter Gibraltar by virtue only of section 14(1) of the Immigration Control Ordinance (certain exemptions from requirement of permit or certificate). "

(4) In subsection (4A) for "provide" substitute "make such other provision as he thinks appropriate".

(5) After subsection (7) insert--

" (7A) In this section "the Immigration Control Ordinance" means the Gibraltar Ordinance of that name (Ord. 1962 No. 12).

(7B) The Secretary of State may by regulations amend this section if he considers it necessary or expedient to do so in consequence of developments in the law of Gibraltar relating to immigration control.

(7C) Such regulations may--

(a) make transitional or saving provision;

(b) make provision extending or applying to (or extending or applying only to) Gibraltar or any part of the United Kingdom. "

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".

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