Electoral Administration Act 2006 - Explanatory Notes

1. Introduction

2. Background

3. Other Relevant Legislation

4. Overview of the Structure

   1. Part 1: Co-ordinated On-line Record of Electors

   2. Part 2: Registration of Electors

   3. Part 3: Anti-Fraud Measures

   4. Part 4: Review of Polling Places

   5. Part 5: Standing for Election

   6. Part 6: Conduct of elections

   7. Part 7: Regulation of Parties

   8. Part 8: Miscellaneous

   9. Part 9: General

5. Territorial Application: General

6. Territorial Application: Northern Ireland

7. Territorial Application: Scotland

8. Territorial Application: Wales

9. Commentary on Sections

   1. Part 1: Co-ordinated On-line Record of Electors

      1. Section 1 CORE schemes: establishment

      2. Section 2 Use of CORE information

      3. Section 3 CORE scheme grants

      4. Section 4 Electoral Commission

      5. Section 5 CORE schemes: supplemental

      6. Section 6 CORE schemes: procedure

      7. Section 7 Amendment of the 1983 Act

   2. Part 2: Registration of electors

      1. Section 9 Registration officers: duty to take necessary steps

      2. Section 10 Anonymous registration

      3. Section 11 Alterations of registers: pending elections

      4. Section 12 Determinations by registration officers and objections

      5. Section 13 – Registration in pursuance of a service declaration

   3. Part 3: Anti-Fraud Measures

      1. Section 14 Registration: personal identifiers

      2. Section 15 Offences as to false registration information

   4. Part 4: Review of Polling Places

      1. Section 16 Review of polling places

   5. Part 5: Standing for election

      1. Standing for election

         1. Section 17 Minimum age

         2. Section 18 Certain Commonwealth citizens

         3. Section 19 Nomination procedures

   6. Part 6: Conduct of elections

      1. Election timetables

         1. Section 20 Omission of references to Maundy Thursday

      2. Nomination

         1. Section 21 Use of candidates’ common names

         2. Section 22 Candidate not to stand in more than one constituency

         3. Section 23 Offences as to false statements in nomination papers

      3. Death of Candidate

         1. Section 24 Death of candidate

      4. New rule 60: Independent candidate

      5. New rule 61: Deceased independent candidate wins

      6. New rule 62: Deceased independent candidate with equality of votes

      7. New rule 63: Party candidate

      8. New rule 64: Speaker of the House of Commons seeking re-election

      9. New rule 65: Abandoned poll

      10. Election expenses

          1. Section 25 Amount of expenses which may be incurred by third party

          2. Section 26 Return as to election expenses

          3. Section 27 Meaning of election expenses for purposes of the 1983 Act

      11. Observation of elections

          1. Section 28 Discretion to report on parliamentary by-elections

          2. Section 29 Observation of proceedings at elections and referendums

      12. Ballot papers

          1. Section 30 Ballot paper design

          2. Section 31 Replacement of counterfoils

          3. Section 32  Photographs on ballot papers: piloting

          4. Section 32 Evaluation of pilots under section 31

          5. Section 33 Revision of electoral provisions in light of pilot schemes

      13. Voting in person

          1. Section 35 Certain voters entitled to vote in person

      14. Assistance for voters

          1. Section 36 Translations of certain documents

          2. Section 37 Assistance for certain postal voters

      15. Circumstances in which votes may be tendered

          1. Section 38 Tendered votes in certain circumstances

      16. Offences related to absent voting

          1. Section 39 Undue influence

          2. Section 40 Offences relating to applications for postal and proxy votes

      17. Access to election documents

          1. Section 41 Control of documents after parliamentary election

          2. Section 42 Access to other election documents

          3. Section 44 Access to election documents: supplementary

          4. Section 45 Marked postal voters list

      18. Correction of procedural errors

          1. Section 46 Returning Officers: correction of procedural errors

      19. Miscellaneous amendments

          1. Section 47 Miscellaneous amendments of the 1983 Act

   7. Part 7: Regulation of parties

      1. Registration of parties

         1. Section 48 Registered names of parties

         2. Section 49 Political party descriptions

         3. Section 50 Confirmation of registered particulars

         4. Section 51 Removal from register of registered parties

         5. Section 52 Time for registration of parties fielding candidates

      2. Accounting requirements

         1. Section 53 Requirements as to statements of account

         2. Section 54 Time for delivery of unaudited accounts to Electoral Commission

      3. Control of donations

         1. Section 55 Policy development grants to be donations

         2. Section 56 Exemption from requirement to prepare quarterly donation reports

         3. Section 57 Repeal of section 68 of the 2000 Act

         4. Section 58 Register of donations to include details of nature of donation

         5. Section 59 Reporting donations to members of the House of Commons

         6. Section 60 Northern Ireland: disapplication of Part 4 of 2000 Act

      4. Regulation of loans

         1. Section 61 Regulation of loans

         2. Section 71F Regulated transactions

         3. Section 71G Valuation of regulated transaction

         4. Section 71H Authorised participants

         5. Section 71I Regulated transaction involving unauthorised participant

         6. Section 71J Guarantees and securities: unauthorised participants

         7. Section 71K Transfer to unauthorised participant invalid

         8. Section 71L Offences relating to regulated transactions

         9. Section 71M Quarterly reports of regulated transactions

         10. Section 71N Changes to be recorded in quarterly reports

         11. Section 71O Existing transactions

         12. Section 71P Exemption from requirement to prepare quarterly reports

         13. Section 71Q Weekly transaction reports during general election periods

         14. Section 71R Exemptions from section 71Q

         15. Section 71S Submission of transaction reports to Commission

         16. Section 71T Declaration by treasurer in transaction report

         17. Section 71U Weekly donation reports in connection with elections other than general elections

         18. Section 71V Register of recordable transactions

         19. Section 71W Proceedings under sections 71I and 71S

         20. Section 62 Regulation of loans: power to make provision for candidates, third parties and referendums

         21. Section 63 – Regulation of loans : Northern Ireland

      5. Campaign expenditure

         1. Section 64 Campaign expenditure: standing for more than one party

         2. Section 65 Time limit for claims in respect of campaign expenditure

      6. Referendum and election material

         1. Section 66 Details to appear on referendum and election material

   8. Part 8: Miscellaneous

      1. Funding for election services

         1. Section 67 Performance of local authorities in relation to elections

         2. Section 68 Funding of services and expense of returning officers

         3. Section 69 Encouraging electoral participation

      2. Criminal proceedings

         1. Section 70 Time limit for prosecutions

         2. Section 71 Restrictions on powers of arrest by persons other than constables

      3. Pre-consolidation

         1. Section 72 Pre-consolidation amendments

      4. Legal incapacity to vote

         1. Section 73 Abolition of common law incapacity: mental state

   9. Part 9: General

      1. Section 74 Miscellaneous amendments and repeals

      2. Section 78 Extent

   10. Schedules

       1. Schedule 1 — Amendments

          1. Part 1 – Anonymous Registration

             1. The 1983 Act

             2. The Representation of the People Act 2000 (c. 2)

             3. The 2000 Act

          2. Part 2 – Alteration of registers: pending elections

          3. Part 3 — Standing for election

             1. European Parliament

             2. Greater London Authority

             3. Local authorities in England and Wales

          4. Part 5 — Conduct of elections

             1. Official poll cards

             2. Election expenses

             3. Postal voting statement

             4. Questions to be put to voters

             5. Voting procedure

             6. Assistance for persons with disabilities

             7. Tendered ballot papers

             8. Attendance at election proceedings

             9. Identifying marks and security markings on ballot papers

             10. Cancellation of postal ballot papers

          5. Part 6 – Control of Loans to individuals and members associations

          6. The 1983 Act

             1. The 2000 Act

       2. Schedule 2 — Repeals

10. Commencement Date

11. Hansard References