Schedules
Schedule 1 — Amendments
Part 1 – Anonymous Registration
416.Part 1 of Schedule 1 makes more detailed provision for amendments to the 1983 Act and to the Representation of the People Act 2000 for the purposes of the anonymous registration of electors.
The 1983 Act
417.Paragraph 5 amends Section 10 (3) of the Act 1983 (annual canvass) to show that anonymous registration cannot be sought via the annual canvass.
418.Paragraph 6 disapplies the objections procedure (in section 10A(3A) of the 1983 Act) from those seeking anonymous registration.
419.Paragraph 8 amends section 56 of the 1983 Act so as to include a right of appeal from a refusal of anonymous registration.
420.Paragraph 9 amends section 62 of the 1983 Act (offences as to declarations). It will be a criminal offence to make a declaration in support of an application for anonymous registration when disqualified from voting or making a false statement.
421.Paragraph 14 amends rule 7: anonymous electors shall not be able to rely upon their anonymous registration for the purposes of subscribing another elector’s nomination papers. It also makes other consequential amendments in the parliamentary elections rules.
422.Paragraph 15 amends the regulation making powers contained in Schedule 2 to the 1983 Act. Those in subparagraph (3) will enable regulations to provide for the sending of reminders to persons registered anonymously that their entitlement to registration is about to expire. Subparagraph (4) makes provision for regulation of the form and content of anonymous registration applications. Subparagraph (5) makes provisions for regulations to govern what evidence will be deemed sufficient by an ERO that a person’s safety would be at risk such as to justify the grant of an application for anonymous registration.
423.Paragraph 16 amends Schedule 2A to the 1983 Act. Persons who have anonymous entries will be regarded as permissible donors if they provide the required evidence of their registration to candidates or their election agents when making donations.
The Representation of the People Act 2000 (c. 2)
424.Paragraphs 19 to 23 amend Schedule 4 to the Representation of the People Act 2000 (Absent Voting in Great Britain). In particular, paragraph 22 provides that the postal voters list and list of proxies should, in the case of persons granted anonymous registration, not show their name or address.
The 2000 Act
425.Paragraphs 24 to 30 amend the 2000 Act. Persons who have anonymous entries will be regarded as permissible donors if they provide the required evidence of their registration at the time of the donation to the registered political party. The party has to provide a copy of that evidence to the Electoral Commission.
Part 2 – Alteration of registers: pending elections
426.This Part of Schedule 1 makes a series of amendments to ensure that notices issued making alterations in relation to court appeals and clerical errors are provided to the relevant polling station and treated as if they were part of that polling station’s electoral register. Paragraph 38 additionally provides for the presiding officer to keep a list of persons to whom ballot papers have been supplied following alterations made to the register which have taken effect on polling day.
Part 3 — Standing for election
427.This Part amends relevant legislation so as to limit the right of Commonwealth citizens to stand for election to UK elections (apart from elections to the House of Commons) to those with a right of abode or with indefinite leave to remain in the UK. This will help to ensure that the only Commonwealth citizens who may stand for election in such elections and hold such an elected office are therefore those who have a right to live in the UK throughout the term of their office.
European Parliament
428.Paragraph 41 amends Section 10 of the European Parliamentary Act 2002. By virtue of section 10(1)(a) of that Act, a Commonwealth citizen will be disqualified for the office of MEP if he is disqualified for membership of the House of Commons. Therefore the amendments made by section 18 will similarly limit those who may hold the office of MEP. The amendments made by paragraph 41 are in consequence of that. By virtue of the amendments made by sub-paragraphs (3) to (5) Commonwealth citizens resident in Gibraltar will be able to stand if they have similar rights to remain in Gibraltar indefinitely.
Greater London Authority
429.Paragraph 42 will amend section 20 of the Greater London Authority Act 1999. It will disqualify Commonwealth citizens who are not qualifying Commonwealth citizens from being a member of the London Assembly or from becoming Mayor.
Local authorities in England and Wales
430.Paragraph 43 will amend section 79 of the Local Government Act 1972, and will disqualify Commonwealth citizens who are not qualifying Commonwealth citizens from membership of a local authority.
National Assembly for Wales and Scottish Parliament
431.Paragraphs 44 and 45 make consequential amendments for similar purposes to the Government of Wales Act 1998 and the Scotland Act 1998. As the right to stand for election and be a member in the case of the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly depends on the whether the person is disqualified for membership of the House of Commons, there is no need to make express provision in those cases in order to have the same effect. However, consequential amendments are made where necessary.
Local authorities in Scotland and Councillors in Northern Ireland
432.Paragraphs 46 and 47 make provision for Scotland and Northern Ireland similar to that made in paragraph 43 for local government elections in England and Wales. Paragraph 46 amends section 29 of the Local Government (Scotland) Act 1973 and paragraph 47 amends the Local Government Act (Northern Ireland) 1972.
Part 5 — Conduct of elections
433.This Part amends provisions of the 1983 Act and the Electoral Law Act (Northern Ireland) 1962 governing the conduct of elections. The paragraphs below discuss the amendments to the 1983 Act. The amendments to the 1962 Act are to similar effect.
Official poll cards
434.Rule 28 is amended by paragraph 70 to provide that poll cards will be issued both to voters who will be voting at a polling station and to postal voters, and will be sent out as soon as practicable after publication of the notice of the election. Provision is also added to enable the information contained on the official poll card to be tailored to the elector’s manner of voting.
Election expenses
435.Paragraph 71 amends section 76 of the 1983 Act (limitation of election expenses). Subsection (1B) is amended to correct a drafting error.
Postal voting statement
436.Paragraph 72 amends the offence provision in section 65 of the 1983 Act (tampering with nomination papers, etc) to add a reference to the new form of “postal voting statement” which will be used in Great Britain in place of the current declaration of identity.
437.Paragraph 73 should be read in conjunction with provisions in sections 14 and 37 which taken together put in place arrangements that will significantly enhance the security of postal voting.
438.Paragraph 73 removes the requirement in rule 45(1B) of the parliamentary election rules for the postal voting statement to be witnessed.
439.Paragraph 73 also amends rule 45(1B) to specify that, in addition to the current requirements, postal ballot papers shall not be taken to be duly returned unless:
the postal voting statement has been signed and states the date of birth of the elector or proxy (as the case may be),
and, in a case where the returning officer is required to take such steps as may be prescribed for verifying the date of birth and signature of an elector, the returning officer has taken such steps to verify the date of birth and signature of the elector.
440.Where the returning officer decides that a ballot paper is not duly returned, it will be deemed to be invalid and will not go forward to the count.
Questions to be put to voters
441.Paragraph 74 restates rule 35, which governs the questions that may be put to voters attending a polling station in the UK. This incorporates changes in consequence of a number of provisions in the Act. The questions are set out in table format.
Voting procedure
442.Paragraph 75 restates rule 37, which governs the voting procedure at polling stations in Great Britain, again reflecting changes made by several provisions of the Act. The comparable amendments for Northern Ireland are made in paragraph 90.
Assistance for persons with disabilities
443.Paragraphs 76 to 80 make changes related to those made by section 73 (Abolition of common law incapacity: mental state).
444.Paragraph 76 introduces a definition of “disability” that includes short-term inabilities to do things. This will permit people with temporary ailments, for example, a person with a broken arm, to seek assistance with voting.
445.Paragraphs 77 to 80 amend the parliamentary election rules, to replace terms such as ‘physical cause’, ‘physical incapacity’ and ‘incapacity’ with the single word ‘disability’, thereby clarifying the language used about disabled people in electoral law and removing the limitation on assistance rules to those with physical disabilities.
Tendered ballot papers
446.Paragraph 81 amends rule 40 of the Parliamentary Election Rules concerning tendered ballot papers. Paragraph 81(2) inserts a new paragraph (1ZF) into rule 40 which provides that in Northern Ireland persons in polling stations are entitled to receive a tendered ballot paper if they are refused a ballot paper as a consequence of giving an unsatisfactory answer to the date of birth question which may be put to voters in Northern Ireland under provisions in rule 35 of the Parliamentary Election Rules. Paragraph 81(3) amends rule 40(3) to require persons who have been issued with a tendered ballot paper under rule 40 to sign the tendered votes list.
Attendance at election proceedings
447.Paragraph 82 amends section 66(1) (requirement of secrecy) of the 1983 Act by inserting a new paragraph (c). The effect of new paragraph (c) is to extend the requirement of secrecy to representatives of the Electoral Commission, accredited observers and nominated members of accredited organisations who attend the polling station to observe.
448.Paragraph 83 amends rule 11(1) (right to attend nomination) of the parliamentary election rules in Schedule 1 by inserting new paragraph (c), the effect of which is to enable representatives of the Electoral Commission to attend the nomination proceedings. However, new paragraph (3A), also inserted by paragraph 83, prevents Commission representatives from inspecting, or objecting to the validity of, any nomination paper.Paragraph 83 also amends rule 11(4) to allow one other person chosen by the candidate to be present at the delivery of the candidate’s nomination, and to be present at the nomination proceedings though such a person may not inspect, or object to the validity of, any nomination paper.
449.Paragraph 84 amends rule 32 (Admission to polling station) in Schedule 1 by substituting a new subparagraph (1). The effect of this amendment is to include representatives of the Electoral Commission, accredited observers and nominated members of accredited organisations as well as minors accompanying voters among those who may be admitted to the polling station. Paragraph 84 also inserts new subparagraph (1A), which requires the Presiding Officer to regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
450.Paragraph 85 amends rule 44 (Attendance at counting of votes) of Schedule 1, by amending subparagraph (2)(b) so that a candidate may choose one other person to be present with them at the count, and substitutes a new subparagraph (2)(e), the effect of which is to include representatives of the Electoral Commission, accredited observers and nominated members of accredited organisations among those who may attend the count.
Identifying marks and security markings on ballot papers etc.
451.Paragraph 87 amends rule 19 concerning ballot papers at parliamentary elections. It provides that ballot papers at these elections must have printed on the back both a number and other identifying mark, such as a barcode. The use of additional marks such as barcodes on ballot papers will assist in the recording of returned postal votes necessary for the compilation of the marked list of postal votes created under section 45, and will also enhance security by enabling returned postal votes to be identified and cancelled where fraud is suspected and/ or replacement papers are being issued to a voter.
452.Paragraph 88 amends rule 20. This rule governs the use of the official mark at parliamentary elections, which currently takes the form of a perforation of the ballot paper. The new paragraphs replace the perforated official mark with another form of security mark, which may take the form of under-printing, special inks or watermarked paper. These changes will provide the necessary security without the risk of inadvertent disenfranchisement caused if ballot papers are mistakenly not stamped once issued
453.Paragraph 93 amends the Appendix of forms in the parliamentary election rules in consequence of a number of provisions in the Bill. The Directions as to printing the ballot paper are amended to direct that the identifying mark be printed on back of the ballot paper together with the ballot paper number. The directions for the guidance of the voters in voting are also amended. Reference to the official mark being stamped on the ballot paper is removed. After the voter has marked a cross (X) on the ballot paper they must fold the paper in two and show the back of the ballot paper to the presiding officer so as to disclose the number and other identifying mark. The voter is then directed to put the ballot paper in the ballot box.
Cancellation of postal ballot papers
454.Paragraph 94 amends Schedule 2 of the 1983 Act (regulation-making powers) to allow provisions to be contained in regulations to authorise the cancellation or removal of ballot papers in any prescribed circumstances.
Part 6 – Control of Loans etc to individuals and members associations
455.Paragraphs 97 – 102 apply the principles of the regulated transactions regime to individual party members, members associations and the holders of certain elective office on a broadly similar basis as regulated transactions to political parties are regulated. Distinctions are made where it is necessary to reflect differences between individual members of political parties and political parties themselves.
456.Paragraph 99 inserts a new Schedule 7A to the 2000 Act, which provides for the control of loans in this context.
457.Schedule 7A, paragraph 1 defines individual party members, members associations and holders of relevant elective office collectively as “regulated participants”. They are defined in the same terms as in Schedule 7, save that Schedule 7A does not have effect in relation to Members of the Scottish Parliament or members of local authorities in Scotland who are not members of a political party.
458.Schedule 7A, paragraph 2 defines the transactions to which the Schedule applies (“controlled transactions”), which are the regulated transactions defined in the new section 71F (as inserted by section 61 of this Act), when entered into with regulated participants. However, paragraph 2 draws a capacity based distinction to reflect the fact that whilst the activities of political parties are inherently political, the activities of individual members may not be. Accordingly, such transactions when entered into by regulated participants are only controlled transactions where the use condition is satisfied, namely that the regulated participant must intend at the time he enters into the transaction to use some part of any money or benefit obtained in connection with relevant political activities.
459.Relevant political activities are defined in Schedule 7A, paragraph 2(8).
460.Schedule 7A, paragraph 3 provides for how controlled transactions are to be valued, and adopts the same approach as in the regulated transactions regime for political parties.
461.Schedule 7A, paragraph 4 provides that regulated participants may only be party to a controlled transaction with individuals or organisations who are authorised participants, adopting the same approach to permissibility as in the regulated transactions regime for political parties. Similar provision is made to the regulated transactions regime rendering void controlled transactions with unauthorised participants (with Schedule 7A, paragraphs 5 and 6 corresponding to new sections 71I and 71J respectively (as inserted by section 61 of this Act)).
462.Schedule 7A, paragraph 8 provides for a range of criminal offences to enforce the permissibility requirement. The offences correspond with the offences set out in the regulated transaction regime as applied to political parties. Where the regulated participant is an individual, the offences are committed by that individual. Where a members association, by the “responsible person”, that is the treasurer or, if there is no treasurer, any person responsible for dealing with receipts from controlled transactions (Schedule 7A, paragraph 1(7)(d)).
463.Schedule 7A, paragraph 9 differs from the regulated transactions regime as applied to political parties, by not requiring individuals and members associations to make quarterly transaction reports. (In doing so, it follows the approach to the reporting of donations by individuals and members associations in Schedule 7.) Regulated participants are required to submit a report to the Electoral Commission each time a transaction exceeds the relevant reporting threshold, but only when this occurs. The reporting threshold is £,1000, or, in the case of members associations, £5,000. Provision is made for controlled transactions to be aggregated with other controlled transactions, controlled donations or both from the same person. The report must be made within 30 days of the date on which the transaction was entered into (or the date on which the aggregate amount exceeded the relevant reporting threshold). Similar particulars must be reported by an regulated participant in respect of a controlled transaction as must be reported by a political party in respect of a regulated transaction
464.A requirement to report controlled transactions with unauthorised participants and changes to recorded transactions is imposed in Schedule 7A, paragraphs 10 and 11.
465.Offences to support the reporting requirements are set out in Schedule 7A, paragraph 12 and the individual or responsible person (as the case may be) is required to make a declaration in respect of a report under Schedule 7A, paragraphs 9 and 10 by Schedule 7A, paragraph 13.
466.Schedule 7A, paragraph 14 requires existing transactions to be reported within 60 days of the coming into force of these provisions.
467.Schedule 7A, paragraph 15 obliges the Electoral Commission to maintain a register of transactions reported to them under Schedule 7A.
468.Schedule 7A, paragraph 16 together with paragraph 102 of Part 6 of Schedule 1 to this Act makes corresponding provision to that made in respect of the holders of relevant elective office by section 59 of this Act.
Part 7 - Miscellaneous.The 1983 Act
469.Paragraphs 111 and 112 respectively make amendments to sections 73 (payment of expenses through election agent) and 74A (expenses incurred otherwise than for election purposes) of the 1983 Act consequential upon the insertion of new section 90ZA (meaning of election expenses) by section 27.
470.Paragraph 113 amends section 75 of the 1983 Act (prohibition of expenses not authorised by election agent) consequential upon amendments made to the 1983 Act by section 41 concerning the control of documents after parliamentary elections. It inserts new provisions into section 75 to provide for third party election expenses returns under section 75 to be retained after parliamentary elections by the relevant registration officer, or in Northern Ireland, the Clerk of the Crown for Northern Ireland.
471.Paragraphs 114 and 115 amend sections 81 (return as to election expenses) and 89 (inspection of returns and declarations) of the 1983 Act consequential upon the amendments made to section 81 by section 26.
472.Paragraphs 116 to 119 respectively make amendments to sections 90 (election expenses at elections where election agent not required), 90C (property, goods services, etc. provided free of charge or at a discount), 90D (modifications of sections 90A to 90C in relation to election of members of the London Assembly) and 118 (interpretation of Part 2) of the 1983 Act. The amendments are consequential upon the insertion of new section 90ZA by section 27.
473.Paragraph 127 amends section 197(3) of the 1983 Act (candidate’s expenses: ward, and liverymen in common hall, elections). Currently, under subsection (3), orders varying the maximum candidates’ expenditure limits for the City of London elections, specified in section 197(1) and (2), are subject to the affirmative resolution procedure. Orders made under section 197(3) will now be subject to the negative resolution procedure.
474.Paragraphs 129 to 131 are minor amendments to the Parliamentary Elections Rules in Schedule 1 to the 1983 Act consequential on the amendments made in sections 19 and 49 to the rules relating to the use of descriptions by candidates.
475.Paragraph 132 amends rule 36 (challenge of voter) consequential upon the amendments made to sections 24 and 24A of the Police and Criminal Evidence Act 1984.
The 2000 Act
476.Paragraph 139 amends section 3 of the 2000 Act and will exclude those people who have made loans to political parties from being eligible to be Electoral Commissioners for ten years. This mirrors the situation that applies to donations.
477.Paragraph 140 adds Part 4A (regulation of loans and related transactions) to the responsibilities of the treasurer of a registered party through an amendment to section 24(4)(a), and paragraph 141 does the same to the responsibilities of the treasurer of an accounting unit through an amendment to section 27(2)(a)).
478.Paragraph 142 amends section 29 of the 2000 Act, which concerns the registration of party emblems by the Electoral Commission with notification, by inserting new paragraph (ca). The amendment has a similar effect to that made to section 28 of the 2000 Act (Registration of parties) by section 48 in that it prevents the registration of a party emblem that may mislead an elector as to the effect of his vote or adversely affect an elector’s understanding of any directions given on the ballot paper or elsewhere which are provided for his guidance in voting.
479.Paragraph 143 amends section 34(3) of the 2000 Act (Registration of minor parties) to allow minor parties a period of seven months, rather than the current four months within which to provide the Electoral Commission confirmation that the party’s particulars in the register are correct. The period continues to commence one month before the anniversary of the party’s inclusion on the register, but now ends six months after that anniversary.
480.Paragraphs 144 and 146 amend provisions of the donations regime (in section 50 (definition of donations for the purposes of Part 4) and section 53(4) (value of donations)) to take account that loans otherwise than on commercial terms will no longer fall to be considered as donations, but instead will fall within the regulated transactions regime.
481.Paragraphs 145, 149 and 155 make amendments to sections 52 (payments, services etc. not to be regarded as donations). The amendments are consequential upon the repeal of section 68 of the 2000 Act by section 57.
482.Paragraph 147 amends section 55(2) of the 2000 Act (payments from public funds to be treated as donations received from a permissible donor). The amendment is consequential upon the amendment to section 52 (payments, services etc. not to be regarded as donations) made by section 55 which requires Policy Development Grants to be reported as a donation to the Electoral Commission.
483.Paragraphs 148 and 153 amend section 62 of the 2000 Act (quarterly donation reports) and Schedule 6 to the 2000 Act respectively, to provide a requirement to report a combination of regulated transactions and donations (collectively, “relevant benefits”) which, taken together, exceed the relevant reporting threshold. See the discussion of section 61 (regulation of loans etc) above (in particular, that to the new section 71M (quarterly reports of regulated transactions) of the 2000 Act).
484.Paragraphs 150 to 152 make amendments to section 146 (supervisory powers of Commission), section 148 (general offences) and Schedule 1 to the 2000 Act, in consequence of the new regime for the regulation of loans. Paragraph 156 makes such a consequential amendment to section 12 of the European Parliament (Representation) Act 2003.
485.Paragraph 154 makes amendments to Schedule 7 to the 2000 Act (donations to individuals and members associations by donors) consequential on the regulation of loans to individuals and members associations in Part 6 of Schedule 1 to this Act.
Schedule 2 — Repeals
486.This Schedule lists the repeals resulting from the Act’s provisions.
