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Political Parties and Elections Act 2009

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This is the original version (as it was originally enacted).

23Election falling within canvass period

This section has no associated Explanatory Notes

(1)After section 13BA of the 1983 Act there is inserted—

13BBElection falling within canvass period

(1)This section applies where—

(a)in connection with a canvass under section 10 above, the form returned in respect of an address (“the relevant address”) is completed in such a way that, by virtue of section 10A(2) above, an application for registration is treated as having been made in respect of that address; and

(b)notice is published of an election to which section 13B above applies that is to be held—

(i)in an area which includes the relevant address,

(ii)during the period starting with 1st July in the year of the canvass and ending with 1st December in that year.

(2)The application shall be treated as made—

(a)when the notice of election is published (if the canvass form has already been returned),

(b)when the form is returned (if the notice has already been published), or

(c)at such other time as may be prescribed.

(3)Subsection (2) above does not apply if—

(a)the canvass form is returned after the appropriate publication date; or

(b)the form is returned too late for the application to be determined in accordance with regulations on or before that date (even without there being any delay in dealing with the application or any objections to the registration).

(4)Where, in consequence of the determination of the application, an entry relating to a person falls to be made in (or removed from) a register covering the relevant address, the registration officer by whom that register is maintained shall issue, in the prescribed manner, a notice specifying the appropriate alteration.

(5)Where—

(a)in consequence of the determination of the application, a person’s entry in respect of an address other than the relevant address falls to be removed from a register maintained by a registration officer other than the one referred to in subsection (4) above,

(b)at the time of the determination, notice has been published of an election to which section 13B above applies that is to be held—

(i)in an area which includes that other address,

(ii)during the period starting with 1st July in the year of the canvass and ending with 1st December in that year,

and

(c)the determination is made before the appropriate publication date for that election,

the other registration officer shall, on being informed of the determination, issue in the prescribed manner a notice specifying the appropriate alteration.

(6)A notice under subsection (4) or (5) above shall be issued on the appropriate publication date for the election in question, and the alteration shall take effect as from the beginning of that day.

(7)A requirement imposed by subsection (4) or (5) above does not apply if, before the appropriate publication date for the election in question, the registration officer concerned publishes a revised version of the register incorporating the appropriate alteration.

(8)In this section—

  • “the appropriate publication date” has the same meaning as in section 13B above;

  • “canvass form” means the form mentioned in subsection (1)(a) above.

(9)For the purposes of this section, a canvass form is “returned” when it is received by the registration officer.

(2)In section 13 of that Act (publication of registers), after subsection (1) there is inserted—

(1A)Subsection (1)(a) above has effect, in the case of a registration officer acting for an area in which (or in part of which) an election to which section 13B below applies is held during the period—

(a)starting with 1st July in the year in question, and

(b)ending with 1st December in that year,

as if for “1st December in that year” there were substituted “1st February in the following year”.

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