Electoral Administration Act 2006

The 1983 ActU.K.

104U.K.The 1983 Act is amended in accordance with paragraphs 105 to 133.

105U.K.In section 10 (maintenance of registers: annual canvass), in subsection (4B) for “any incapacity” substitute “ blindness or any other disability ”.

106U.K.In section 10A (maintenance of registers: registration of electors), in subsection (1B) for “any incapacity” substitute “ blindness or any other disability ”.

108U.K.In section 31(2) (polling districts at local government elections in Scotland), for “section 18” substitute “ section 18A ”.

109U.K.In section 53 (power to make regulations as to registration etc.), after subsection (3) insert—

“(4)Provision may also be made by regulations—

(a)for the supply of any such record or special list as is mentioned in subsection (1) above to such persons as are prescribed;

(b)with respect to any conditions subject to which the supply is made;

(c)making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale) for a person to fail to comply with any such condition.”

110U.K.In section 58 (registration appeals: Northern Ireland), in subsection (1), after “except” insert “ subsection (1)(aa) and (ab), ”.

111U.K.In section 73 (payment of expenses through election agent), in subsection (5)(d) for “section 90A(5)(b)” substitute “ section 90ZA(5) ”.

112(1)In section 74A (expenses incurred otherwise than for election purposes) is amended as follows.U.K.

(2)In subsection (1)(b) for “section 90A(1)” substitute “ section 90ZA(1) ”.

(3)In subsection (2) omit “(determined in accordance with section 90B below)”.

(4)In subsection (3) for “sections 90A to” substitute “ sections 90ZA and ”.

113U.K.In section 75 (prohibition of expenses not authorised by election agent), for subsection (4) substitute—

“(4)A copy of every return and declaration made under subsection (2) above in relation to a parliamentary election in England, Wales or Northern Ireland must be sent to the relevant officer within 21 days after the day on which the result of the election is declared by the person making the return or declaration.

(4A)The relevant officer is—

(a)in relation to England and Wales, the returning officer;

(b)in relation to Northern Ireland, the Clerk of the Crown for Northern Ireland.

(4B)The returning officer must forward to the relevant registration officer (within the meaning of rule 55 of the parliamentary elections rules) every document sent to him in pursuance of subsection (4) above.

(4C)Rule 57 of those rules applies to any documents sent under this section to—

(a)the relevant registration officer, or

(b)the Clerk of the Crown for Northern Ireland.”

114U.K.In section 81(9) (returns as to election expenses)—

(a)for “subsection (3)” substitute “ subsection (3A) ”, and

(b)the words “of each such matter” are omitted.

115U.K.In section 89(1A) (inspection of return containing statement of donations), for “section 81(3)(e) above” substitute “ paragraph 10 of Schedule 2A to this Act ”.

116U.K.In section 90 (election expenses at elections where election agent not required), in subsection (1)(a) for “sections 90A(5)” substitute “ sections 90ZA(4) ”.

117U.K.In section 90C (property, goods and services provided free of charge or at a discount), in subsection (2) for “section 90A(3) above” substitute “ Part 2 of Schedule 4A to this Act ”.

118(1)Section 90D (modification of election expenses provisions relating to election of London Assembly members) is amended as follows.U.K.

(2)In the title, for “sections 90A to” substitute “ sections 90ZA and ”.

(3)In subsection (1) for “Sections 90A to” substitute “ Sections 90ZA and ”.

(4)In subsection (2)(b) for “section 90A(4)” substitute “ section 90ZA(3) ”.

(5)In subsection (3)—

(a)for “section 90A” substitute “ section 90ZA ”;

(b)for “subsection (5)” substitute “ subsection (6) ”;

(c)the substituted subsection there set out is renumbered as subsection (6).

119U.K.In section 118 (interpretation of Part 2), in the definition of “election expenses” for “sections 90A” substitute “ sections 90ZA ”.

120(1)Section 160 (persons reported personally guilty of corrupt or illegal practices) is amended as follows.U.K.

(2)In subsection (4A) after “section 60” insert “ or 62A ”.

(3)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

121U.K.In section 168 (prosecutions for corrupt practice), in subsection (1)(a)(i) after “section 60” insert “ or 62A ”.

122U.K.In section 173 (incapacities on conviction of corrupt or illegal practice), in subsection (2) after “section 60” insert “ or 62A ”.

123U.K.F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124U.K.In section 187 (application of Act to certain local elections) in subsection (1)(a) after “60” insert “ , 62A ”.

125U.K.In section 191 (municipal elections in the City), in subsection (1)(a) for “and 61” substitute “ , 61 and 62A ”.

126U.K.In section 193 (personation and other voting offences), in paragraph (a) for “and 61” substitute “ , 61 and 62A ”.

127U.K.In section 197 (candidate's expenses: ward, and liverymen in common hall, elections), in subsection (3) for the words from “An order under this subsection” to the end substitute— “ The power to make an order under this subsection is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. ”

128(1)Section 202(1) (general interpretation) is amended as follows.U.K.

(2)Omit the definition of “absent voters list”.

(3)After the definition of “parliamentary election petition” insert—

““the postal voters list” means—

(a)in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 5(2) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post have been granted);

(b)in relation to Northern Ireland, the list of persons kept in pursuance of section 7(4)(a) of the Representation of the People Act 1985 (persons whose applications to vote by post have been granted);

“the proxy postal voters list” means—

(a)in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 7(8) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post as proxy have been granted);

(b)in relation to Northern Ireland, the list of persons kept in pursuance of section 9(9) of the Representation of the People Act 1985 (persons whose applications to vote by post as proxy have been granted).”

129(1)Rule 6A of Schedule 1 (nomination papers: registered political parties) is amended as follows.U.K.

(2)In paragraph (1) for “voters” substitute “ electors ”.

(3)In paragraph (2) after “paragraph (1)” insert “ or (1B) ”.

130U.K.In rule 12(3A) of that Schedule (decisions as to validity of nomination papers) after “rule 6A(1)” insert “ or (1B) ”.

131U.K.In rule 14(5) of that Schedule (statement of persons nominated: documents to be sent to Electoral Commission) after “rule 6A” insert “ (1) or (1B) ”.

132U.K.For rule 36 of that Schedule (challenge of voter) substitute—

“36A person shall not be prevented from voting by reason only that—

(a)a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b)the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.”

133U.K.The amendments made by paragraphs 111, 112, 114, 117 and 119 do not apply to a local government election in Scotland.