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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

Article 9

SCHEDULE 1Supply of register

This schedule has no associated Explanatory Memorandum

Supply of free copy of register for electoral purposes and restrictions on use

1.—(1) As soon as practicable after the relevant date, the registration officer must supply each relevant returning officer with as many printed copies of the following as the relevant returning officer may reasonably require for the purposes of the PCC election—

(a)the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, and

(b)any notice, published under section 13A(2), 13B(3), (3B) or (3D) or 13BB(4) or (5) of that Act(1), setting out an alteration to the latest version of the register.

(2) In this paragraph—

“relevant date” means—

(a)

in the case of an ordinary election of police and crime commissioners, the date which is 60 days before the day determined in accordance with section 50 of the 2011 Act as that on which the poll at the election is to be held;

(b)

in the case of an election for a police area held under section 51 of the 2011 Act (election to fill vacancy in office of police and crime commissioner), the date on which the vacancy occurs;

“relevant returning officer”, in relation to a registration officer, means—

(a)

a local returning officer for a voting area wholly or partly comprised in the area for which the registration officer acts,

(b)

a police area returning officer for a police area in which the whole or part of the area for which the registration officer acts is situated,

but does not include a returning officer who is the same individual as the registration officer.

(3) Where a registration officer is under a duty to supply a returning officer with printed copies of a register or notice under this paragraph, the registration officer must also supply a copy of the register or notice in data form.

(4) A copy of a register or notice supplied under this paragraph is to be supplied free of charge.

(5) No person to whom a copy of a register or notice has been supplied under this paragraph may—

(a)supply a copy of that register or those notices to any person,

(b)disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

(c)make use of any such information,

other than for the purposes of an election.

Supply on request and specific restrictions

2.—(1) The persons or organisations within any of paragraphs 3 to 5 may request the registration officer to supply free of charge the relevant part (within the meaning of those paragraphs) of any of the following—

(a)a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b)any notice, published under section 13A(2), 13B(3), (3B) or (3D) or 13BB(4) or (5) of the 1983 Act, setting out an alteration to the register.

(2) A request under sub-paragraph (1) must be made in writing and must—

(a)specify the documents requested,

(b)subject to sub-paragraph (5), state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for so long as the person making the request falls within the category of persons entitled to receive the documents requested, and

(c)state whether a printed copy of any of the documents is requested instead of the version in data form.

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(c), the copy of a document supplied under this paragraph is to be in data form.

(4) The registration officer must supply the relevant part of the documents referred to in sub-paragraph (1) in accordance with a request that has been duly made.

(5) A person within paragraph 5 may not make the request set out in sub-paragraph (2)(b).

(6) A person who obtains a copy of any document under sub-paragraph (4) may use it for any purpose for which that person would be entitled to obtain that document under this Schedule and any restrictions which apply under whichever of paragraphs 3 to 5 entitles that person to obtain that document for that purpose applies to such use.

Supply of register etc to police and crime commissioner and restrictions on use

3.—(1) This paragraph applies to a person elected to the office of police and crime commissioner for a police area in which the whole or part of the area for which the registration officer acts is situated.

(2) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to any part of the police area for which the police and crime commissioner is elected as falls within the area for which the registration officer acts.

(3) No person to whom this paragraph applies who has been supplied with a copy of a register or notices under paragraph 2 may—

(a)supply a copy of that register or those notices to any person,

(b)disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

(c)make use of any such information,

other than for purposes in connection with the office of police and crime commissioner or for electoral purposes.

Supply of register etc to candidates and restrictions on use

4.—(1) This paragraph applies to a candidate for election at a PCC election.

(2) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is the whole of them.

(3) No candidate for election at a PCC election who has been supplied with a copy of a register or notices under paragraph 2 may—

(a)supply a copy of that register or those notices to any person,

(b)disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

(c)make use of any such information,

other than for the purpose of complying with the controls on donations set out in Schedule 5.

Supply of register etc to certain candidates and restrictions on use

5.—(1) This paragraph applies to a candidate for election as a police and crime commissioner for a police area in which the whole or part of the area for which the registration officer acts is situated.

(2) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to any part of the police area for which the candidate is standing as falls within the area for which the registration officer acts.

(3) No candidate to whom this paragraph applies who has been supplied with a copy of a register or notices under paragraph 2 may—

(a)supply a copy of that register or those notices to any person,

(b)disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

(c)make use of any such information,

other than for electoral purposes.

(1)

Section 13A of the Representation of the People Act 1983 was substituted by paragraph 6 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000. Section 13B was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22) and section 74 of, and paragraph 3 of Schedule 10 to, the Police Reform and Social Responsibility Act 2011 (c.13). Subsections (3B) and (3D) were inserted by section 11(4) of the Electoral Administration Act 2006. Section 13BB was inserted by section 23(1) of the Political Parties and Elections Act 2009 (c.12).

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