Electoral Administration Act 2006

Part 1 U.K. Co-ordinated on-line record of electors

1 CORE schemes: establishment U.K.

(1) The Secretary of State may by order make provision for the establishment of one or more schemes (CORE schemes) in connection with the keeping and use of specified electoral registration information by a person designated by a scheme (the CORE keeper).

(2) The electoral registration officer (ERO) who acts for an area specified in a scheme must provide the CORE keeper with the specified electoral registration information relating to the area.

(3) A scheme must require the ERO—

(a) to provide the CORE keeper with the information, and

(b) to update the information,

at such times and in such manner as is provided for by the scheme.

(4) In particular, a scheme may require the ERO to provide the information and update it in a specified electronic form.

(5) The CORE keeper must keep the information in such form and by such means as is specified by or under the scheme.

(6) In particular, a scheme may—

(a) require the CORE keeper to maintain the information in a specified electronic form;

(b) specify how other information required (by or under any enactment) to be kept in connection with the information is to be recorded and stored in that form.

(7) The area for which an ERO acts must not be specified in more than one scheme at the same time.

(8) The Secretary of State may by order vary a scheme—

(a) by specifying a new area;

(b) by removing the specification of an area;

(c) in such other respects as he thinks appropriate.

(9) The Secretary of State may by order terminate a CORE scheme and an order under this subsection may make such provision as the Secretary of State thinks necessary or expedient in connection with the termination of the scheme.

(10) The person designated as a CORE keeper must be a public authority.

(11) Specified electoral registration information is a copy of such of the following information as is specified in the CORE scheme—

(a) the register of electors for any election;

(b) any list or other record relating to such a register which the ERO is required or authorised to keep under or by virtue of any enactment;

(c) any other information relating to a person who has an entry on such a register which is required for electoral purposes or in connection with jury service;

(d) such other information as the Secretary of State specifies being information which he thinks is necessary or expedient to facilitate the effective operation of the scheme.

Commencement Information

I1 S. 1 partly in force; s. 1(1)(3)(4)(6)-(11) in force at Royal Assent see s. 77(1)(a)

2 Use of CORE information U.K.

(1) A CORE scheme may authorise or require a CORE keeper to take such steps as are specified in the scheme in relation to information kept by him in pursuance of the scheme.

(2) Regulations under—

(a) section 53(4) of the 1983 Act,

(b) paragraphs 10A to 11A of Schedule 2 to that Act, and

(c) paragraph 13 of that Schedule, so far as relating to paragraphs 10A to 11A,

have effect in relation to a CORE keeper and any information kept by him in pursuance of a CORE scheme as they have effect in relation to an ERO and any registers he is required to maintain under that Act.

(3) A CORE scheme may make such modifications of the regulations mentioned in subsection (2) in their application to a CORE keeper or the information kept by him as the Secretary of State thinks appropriate.

(4) Section 42 applies to a CORE keeper as if—

(a) he were a relevant officer (within the meaning of section 44), and

(b) the information kept by him which consists in copies of relevant election documents (within the meaning of that section) were documents relating to an election which he is required by or under any enactment to retain for any period.

(5) The CORE keeper must, in accordance with the scheme, inform an ERO if he thinks that any of the circumstances mentioned in subsection (6) have arisen in in relation to—

(a) a person who is registered in respect of an address on a register which the ERO is required to maintain, or

(b) an address in relation to which there is an entry on such a register.

(6) These are the circumstances—

(a) a person who is registered in respect of an address on a register which the ERO is required to maintain is also registered on a register in respect of another address (whether on the same or a different register);

(b) more than such number of postal votes as is specified in the scheme is requested for the same redirection address;

(c) the same person acts as proxy for more than two electors;

(d) a person votes more than once (other than as proxy) at the same election.

(7) The CORE keeper—

(a) must provide the ERO with other information of such description as is specified in the scheme relating to a person mentioned in subsection (5)(a);

(b) may provide the ERO with such other information relating to the person as he thinks is relevant to the exercise by the ERO of his functions.

(8) If a CORE scheme makes provision which allows an elector to have access to information relating to him which is kept by the CORE keeper, the scheme must also make provision to enable the elector to request any changes to the information.

(9) The CORE keeper must pass any such request to every ERO whose register he thinks may fall to be altered in consequence of the request.

(10) A CORE scheme—

(a) must not permit an elector to request a change to information relating to any other elector, but

(b) may permit an elector who is resident at the same address as another elector to confirm for the purposes of an annual canvass under section 10 of the 1983 Act that the information relating to the other elector is correct.

(11) Except for the purposes of subsections (5) to (7) and (9), a CORE scheme must not authorise an ERO to have access to information provided to the CORE keeper by a different ERO.

(12) In subsections (5) to (7) and (9) an ERO includes an ERO who acts for an area which is not specified in a CORE scheme.

(13) A redirection address is an address in respect of which the person is not registered.

Commencement Information

I2 S. 2 partly in force; s. 2(1)(3)(10)(11)(13) in force at Royal Assent see s. 77(1)(b)

3 CORE scheme grants U.K.

(1) The Secretary of State may pay grant to a CORE keeper towards expenditure incurred or to be incurred by him in connection with the exercise of his functions under the scheme.

(2) The amount of such a grant and the manner of its payment are to be such as the Secretary of State decides.

(3) Such a grant may be paid subject to such conditions as the Secretary of State decides.

(4) The conditions may include conditions as to the circumstances in which the whole or any part of the grant is to be repaid.

Valid from 02/04/2013

[F1 3A Establishment of corporation sole to be CORE keeper U.K.

(1) The Secretary of State may by order establish a corporation sole (“the corporation”) with a view to its being designated by a CORE scheme as the CORE keeper.

(2) The Secretary of State may also by order establish a panel (“the advisory panel”) to provide advice and support to the corporation.

(3) An order under this section may make—

(a) provision for and in connection with the appointment of—

(i) the occupant of the corporation (“the office-holder”);

(ii) directors of the corporation (including non-executive directors);

(iii) one or more deputies to the office-holder;

(iv) other officers or members of staff of the corporation;

(v) members of the advisory panel.

(b) provision about the terms and conditions of appointment of persons referred to in paragraph (a) (including provision about how and by whom those terms and conditions are to be determined and provision as to their approval);

(c) provision about the payment to or in respect of persons referred to in paragraph (a)(i) to (iv) of remuneration, allowances, expenses, pensions, gratuities or compensation for loss of employment;

(d) provision about the payment of allowances and expenses to members of the advisory panel;

(e) provision about the acquisition and disposal by the corporation, and in particular the transfer to the corporation by the Secretary of State, of property, rights and liabilities;

(f) provision about the transfer of staff to the corporation by the Secretary of State;

(g) provision about the functions of the corporation and of the advisory panel, and about delegation of functions of the office-holder;

(h) provision requiring the corporation to consult the advisory panel in relation to particular matters or in particular circumstances;

(i) provision about accounts and reports, including—

(i) provision requiring accounts and reports of the corporation to be laid before Parliament and published;

(ii) provision about auditing of accounts;

(j) provision about the name of the corporation and of the advisory panel;

(k) incidental, supplementary, consequential or transitional provision.

(4) An order under this section may add such entries to—

(a) the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958,

(b) Schedule 2 to the Parliamentary Commissioner Act 1967,

(c) Schedule 1 to the House of Commons Disqualification Act 1975, or

(d) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975,

as the Secretary of State considers appropriate in consequence of the establishment of the corporation or the advisory panel.

(5) The Secretary of State may make payments to the corporation of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.

(6) Neither the corporation nor any person referred to in subsection (3)(a)(i) to (iv) nor the advisory panel is to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.]

Textual Amendments

F1 S. 3A inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 28(3), 43

4 Electoral Commission U.K.

(1) After section 20 of the 2000 Act (transfer of functions of Local Government Boundary Commission for Wales) insert—

“Commission's functions relating to CORE U.K.

20A Commission as CORE keeper

The Commission may be designated as a CORE keeper for the purposes of section 1 of the Electoral Administration Act 2006.”

(2) If the Secretary of State designates the Electoral Commission as a CORE keeper, any grant which is paid to the Commission in pursuance of section 3 above must be treated as income received by the Commission for the purposes of paragraph 14(1) of Schedule 1 to the 2000 Act.

5 CORE schemes: supplemental U.K.

(1) A CORE scheme may make provision as to circumstances in which a payment is to be made—

(a) by the CORE keeper to an ERO whose area is specified in the scheme;

(b) by such an ERO to the CORE keeper.

(2) A CORE scheme may make provision—

(a) as to circumstances in which the CORE keeper and such an ERO may agree that functions of one of them may be exercised by the other;

(b) for functions of the CORE keeper to be exercised by such an ERO;

(c) for functions of such an ERO to be exercised by the CORE keeper.

(3) A CORE scheme may make provision as to—

(a) the circumstances in which the CORE keeper may make a charge for the provision of services or information to any person;

(b) the level of any such charge.

(4) A CORE scheme may make provision as to the steps to be taken by the CORE keeper in circumstances where a constituency is not wholly situated in the area for which an ERO whose area is specified in the scheme acts.

(5) Provision under subsection (4) may—

(a) apply with such modifications as are specified in the scheme regulations made in pursuance of paragraph 1(1) of Schedule 2 to the 1983 Act, or

(b) make provision as to the arrangements to be made in relation to the exercise by the CORE keeper of his functions under the scheme in the circumstances mentioned in that subsection.

(6) If a CORE keeper obtains any information which an ERO is required or authorised to obtain for the purposes of any provision of—

(a) section 10, 10A or 13A of the 1983 Act (maintenance of registers), or

(b) Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting),

the CORE scheme may provide that any requirement of that provision for a person to provide a personal identifier in the form of the person's signature is to be treated for the purposes of that information as a requirement to provide such other evidence of identity as is specified in the scheme.

(7) Any provision of a CORE scheme which authorises or requires the CORE keeper to supply information to another person may specify the form and manner in which the information is to be supplied.

(8) The Secretary of State may provide to a CORE keeper such facilities and equipment as he thinks are necessary or expedient to enable the keeper to carry out his functions under the scheme.

(9) The Secretary of State may make the provision of such facilities and equipment subject to such conditions (including conditions as to the circumstances in which the facilities or equipment must be returned to the Secretary of State) as he thinks fit.

(10) Subject to anything in the CORE scheme in respect of which he is designated, a CORE keeper may make such arrangements as he thinks appropriate with any other person for the provision of any service relating to the exercise of his functions under this Part or the CORE scheme.

Commencement Information

I3 S. 5 partly in force; s. 5(1)-(9) in force at Royal Assent see s. 77(1)(e)

6 CORE schemes: procedure U.K.

(1) The power to make an order under section 1 is exercisable by statutory instrument.

(2) Such an order must not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(3) Such an order may make different provision for different purposes.

(4) An order establishing or varying a CORE scheme must not be made unless the Secretary of State first consults—

(a) the Electoral Commission;

(b) the Information Commissioner;

(c) the ERO who acts for each area proposed to be specified in the scheme;

(d) the ERO who acts for an area the specification of which the Secretary of State proposes to remove from the scheme.

(5) Subsection (4) does not apply if the effect of a variation is only to terminate any aspect of the scheme (other than the removal of the specification of an area in pursuance of section 1(8)(b)).

Valid from 02/04/2013

7 Amendment of the 1983 Act U.K.

In section 63 of the 1983 Act (breach of official duty), in subsection (3) after paragraph (b) insert—

“(ba) a CORE keeper (within the meaning of Part 1 of the Electoral Administration Act 2006),”9.

8 Interpretation of Part U.K.

(1) This section has effect for the purposes of this Part.

(2) A CORE scheme is a scheme established under section 1.

(3) A CORE keeper is a person designated for the purposes of such a scheme.

(4) “ERO” means an electoral registration officer.