Representation of the People Bill — Bill 418 2024-26 (as amended in Committee) - HTML

Representation of the People Bill [As amended in Committee]

Representation of the People Bill

[As amended in Committee]

CONTENTS

Part 1
Young voters

Extension of right to vote etc to 16 and 17 year olds

1
Extension of right to vote etc

2
Disenfranchisement of detained 16 and 17 year olds

Registration and participation in elections etc

3
Entitlement to be registered before reaching voting age

4
Declarations of local connection: looked after children and detained persons

5
Service declarations

6
Further provision about registration and participation in elections etc

Protection of information relating to persons aged under 16

7
Prohibition on registration officers disclosing information

8
Exceptions from prohibitions on disclosure

9
Exceptions for combined information

10
Exceptions for combined information under devolved legislation

11
Meaning of “relevant supply enactment”

12
Prohibition on onward disclosure of information

13
Power to make further provision about disclosure of information

14
Interpretation of sections 7 to 13

Duty to raise awareness and provide assistance

15
Duty to raise awareness and provide assistance: Great Britain

16
Duty to raise awareness and provide assistance: Northern Ireland

Part 2
Registration of voters

Registration, and alteration of registers, without an application

17
Registration without an application

18
Alteration of registers without an application

19
Registration etc without an application: further provision

Piloting changes to the voter registration process

20
Power to pilot changes to the voter registration process

21
Voter registration provision

22
Further powers and restrictions

23
Parliamentary procedure

24
Electoral Commission report

25
Interpretation of sections 20 to 24

Northern Ireland canvass

26
Power to amend the canvass in Northern Ireland

27
Electoral Commission report on proposals under section 26

28
Power to pilot proposals under section 26

29
Electoral Commission report on pilot regulations

Other provision about registration

30
Local connection and service declarations ceasing to have effect

31
Seniority of electoral registration officers

32
Anonymous registration

33
Pre-election applications for registration

34
Pre-election alteration of Northern Ireland registers: supporting evidence

35
Electoral identity card issued in Northern Ireland: month and year of birth

36
Regulations as to registration etc: information to assist registration officers

37
Edited register: electors to opt in

Part 3
Conduct of elections etc

Returning officers

38
Provision of assistance by local authority officers to returning officers

39
Seniority of returning officers

Rules

40
Timing of proceedings for nominations

41
Identification of candidates at parliamentary elections

42
Identification of candidates at local elections in Northern Ireland

43
Withdrawal of certificates authorising candidate descriptions

44
Subscription of nomination paper

45
Police contact form

46
Calling out and completed corresponding number lists etc

47
Voter identification requirements

Absent voting

48
Absent voting

Information to help people understand elections etc

49
Power to obtain election-related information etc

50
Specified officers

51
Specified elections etc

Other provision about the conduct of elections etc

52
Effect of the death of the Sovereign on certain elections and referendums

53
Form of documents for elections and referendums

Part 4
Campaigns and political expenditure

The election agent

54
Removal of requirement to publish election agents’ addresses

Campaign expenses and returns

55
Leave to pay late and disputed expenses claims

56
Delivery and inspection of returns and declarations

57
Recall campaign donations: transfer of powers to prescribe content of returns

Control of political donations

58
Risk assessments for donations to registered parties etc

59
Permissible donors not to include individuals under 16

60
Donations by companies and LLPs etc

61
Forfeiture of certain donations to registered parties etc

62
Unincorporated associations making political contributions

63
Power of Scottish Ministers to vary sums in Schedule 7 to PPERA 2000

Information to be included with electronic material

64
Electronic material promoted by third parties

65
Electoral Commission guidance relating to electronic material: minor revisions

Part 5
Enforcement and the Electoral Commission

Enforcement

66
Decriminalisation of certain requirements

67
Extension of Electoral Commission’s enforcement functions

68
Abolition of maximum penalties in respect of offences triable summarily

69
Civil sanctions orders: combining reserved and devolved provision

Electoral Commission

70
Removal of strategy and policy statement

71
Disclosure of information by Electoral Commission

Part 6
Hostility towards candidates etc: disqualification orders and sentencing

72
Hostility towards officers and their staff

73
Hostility as aggravating factor: England and Wales and armed forces

74
Hostility as aggravating factor: Scotland and Northern Ireland

75
Effect of Scottish disqualification orders

76
Effect of disqualification orders: minor and consequential provision

Part 7
General

77
Power to make consequential provision

78
Power to amend references to subordinate legislation etc

79
Interpretation of references to other Acts

80
Financial provision

81
Extent

82
Commencement

83
Short title

Schedule 1
Further provision about registration of young voters etc

Part 1
Amendments of enactments

Part 2
Alignment of registers

Schedule 2
Registration etc without an application: further provision

Schedule 3
Absent voting

Part 1
Absent voting in Great Britain

Part 2
Absent voting in Northern Ireland

Part 3
Other provision relating to absent voting

Schedule 4
Effect of the death of the Sovereign on certain elections and referendums

Schedule 5
Form of documents for elections and referendums

Schedule 6
Leave to pay late and disputed expenses claims

Schedule 7
Delivery of returns and declarations directly to the Electoral Commission

Schedule 8
Risk assessments for donations to registered parties etc

Schedule 9
Unincorporated associations making political contributions

Schedule 10
Decriminalisation of certain administrative requirements

Part 1
Abolition of offences

Part 2
Consequential amendments

Schedule 11
Extension of Electoral Commission’s enforcement functions

Part 1
Amendments of PPERA 2000

Part 2
Minor and consequential amendments of other legislation

[As amended in Committee]

A

bill

to

Make provision extending the right to vote to 16 and 17 year olds; to make provision
about the registration of voters; to make provision about the administration and conduct
of elections, referendums and recall petitions; to make provision about election agents’
addresses; to make provision about political expenditure and political donations;
to make provision about information to be included in electronic campaigning material;
to make provision about offences and civil sanctions in connection with elections,
referendums and recall petitions and with donations and expenditure for political
purposes; to repeal provision about the designation of a strategy and policy statement
for the Electoral Commission; to make provision about the disclosure of information
by the Electoral Commission; to make provision about the disqualification of offenders
for holding elective offices, and their sentencing, where offences are aggravated
by hostility towards persons involved in elections, referendums or recall petitions
or holders of such offices; and for connected purposes.

B
e it enacted
by the King’s most Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:—

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Part
1

Young
voters

Extension
of right to vote etc to 16 and 17 year olds

1

Extension of right to vote etc

[page
1:
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5
]
(1)

RPA 1983
is amended as set out in
subsections (2)
to
(4)
.

(2)

In
section 1
(parliamentary electors), in
subsection (1)
(d)
, for “18” substitute
“16”.

(3)

In
section 2
(local government electors)—

(a)

in
subsection (1)
(d)
, for the words from “18” to the end substitute “16
[page
1:
line
10
]
years
or over).”;

(b)

omit
subsection (1A)
.

[
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(4)

In
Schedule 6
(ward elections in the City of London)—

(a)

in
paragraph 2
, for “18”, in both places it occurs, substitute “16”;

(b)

in
paragraph 3
, for “18” substitute “16”.

(5)

In
section 1
of the
Elected Authorities (Northern Ireland) Act 1989
(local
[page
2:
line
5
]
electors
in Northern Ireland)—

(a)

in
subsection (1)
(d)
, for “eighteen” substitute “16”;

(b)

in
subsection (4)
, for “eighteen” substitute “16”.

(6)

In
section 52
of the
Police Reform and Social Responsibility Act 2011
(persons
entitled
to vote in an election of a police and crime commissioner for a police
[page
2:
line
10
]
area
in Wales), in
subsection (1C)
(a)
(ii)
, for “18” substitute “16”.

(7)

In
section 10
of the
Recall of MPs Act 2015
(persons entitled to sign a recall
petition),
in
subsection (1)
(b)
, for “18 or over, or the date of his or her 18th”
substitute
“16 or over, or the date of the person’s 16th”.

2

Disfranchisement of detained 16 and 17 year olds

[page
2:
line
15
]
(1)

Section 3
of RPA 1983 (disfranchisement of offenders in prison etc) is amended
as
set out in
subsections (2)
and
(3)
.

(2)

After
subsection (1)
insert—

“
(1ZA)

A convicted person is legally incapable of voting at a parliamentary
election
or a local government election in England during the time
[page
2:
line
20
]
that
the person—

(a)

is detained in youth detention accommodation in pursuance
of
the person’s sentence, or

(b)

would be so detained but for the fact the person is unlawfully
at
large.
”

[page
2:
line
25
]
(3)

In
subsection (2)
, after
paragraph (b)
insert—

“
(ba)

“youth detention accommodation” means—

(i)

accommodation that is youth detention accommodation
as
defined in section 248(1) of the Sentencing Code,
other
than accommodation that is a penal institution;

[page
2:
line
30
]
(ii)

a residential establishment or secure accommodation
within
the meaning of the Children’s Hearings
(Scotland)
Act 2011 (asp 1) (see section 202(1) of that
Act);

(iii)

in the case of a person who is the subject of a direction
[page
2:
line
35
]
under
section 205(2) or 208(1) of the Criminal Procedure
(Scotland)
Act 1995, the place specified in the direction;

(iv)

a juvenile justice centre within the meaning of
Article
51
(1)
of the
Criminal Justice (Children) (Northern
Ireland)
Order 1998
(
S.I. 1998/1504 (N.I. 9)
); and
”
.

[page
2:
line
40
]
(4)

Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(application
and
modification of RPA 1983) is amended as follows—

[
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(a)

in
Part 1
(provisions applied), in the entry beginning “Section 3(1)”,
for
“Section 3(1)” substitute “Section 3(1), (1ZA)”;

(b)

in
Part 2
(modifications), before
paragraph 7
(and under the heading
“Specific”)
insert—

“
[page
3:
line
5
]
6A

In section 3(1ZA) omit “in England”.
”

Registration
and participation in elections etc

3

Entitlement to be registered before reaching voting age

(1)

Section 4
of
RPA 1983
(entitlement to be registered as parliamentary or local
government
elector) is amended as set out in
subsections (2)
to
(5)
.

[page
3:
line
10
]
(2)

After
subsection (4)
insert—

“
(4A)

A person not of voting age is entitled to be registered in a register of
parliamentary
electors (under subsection (1)) or a register of local
government
electors in England or Scotland (under subsection (3)) if,
on
the relevant date, the person—

[page
3:
line
15
]
(a)

is aged 14 years or over, and

(b)

would be entitled to be registered under subsection (1) or (3)
(as
the case may be) if they were of voting age.

(4B)

Where a person is registered in reliance on
subsection (4A)
—

(a)

the person’s entry in the register must give the date on which
[page
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line
20
]
the
person will attain voting age, and

(b)

until the date in the entry (“the attainment date”) the person
is
not to be treated as an elector other than for the purpose of
an
election the date of the poll for which is on or after the
attainment
date.
”

[page
3:
line
25
]
(3)

In
subsection (5)
—

(a)

for “subsection (1)(d) or (3)(d), as the case may be” substitute
“subsection
(3)(d)”;

(b)

for the words from “parliamentary” to “if” substitute “local government
electors
in Wales if”.

[page
3:
line
30
]
(4)

In
subsection (5A)
—

(a)

for “subsection (5)” substitute “subsection (4A) or (5)”;

(b)

for “paragraphs (a) and (b) of that subsection” substitute “subsections
(4B)(a)
and (5)(a) and (b)”.

(5)

Omit
subsections (5B)
and
(5C)
.

[page
3:
line
35
]
(6)

In
Part 2
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989

(modification
of RPA 1983), in paragraph 7, after sub-paragraph (2) insert—

“
(3)

In section 4(4A) omit “in England or Scotland”.
”

[
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4

Declarations of local connectionlooked after children and detained persons

(1)

RPA 1983
is amended as set out in
subsections (2)
to
(9)
.

(2)

Section 7B
(notional residence: declarations of local connection) is amended
as
set out in
subsections (3)
to
(8)
.

[page
4:
line
5
]
(3)

In
subsection (2)
(description of who can make a declaration of local
connection),
after
paragraph (c)
insert
“
, or

(d)

a person who does not fall within any of paragraphs (a) to (c)
above
and who is a person to whom section
7BA
applies
(children
etc looked after by a local authority or detained in
[page
4:
line
10
]
secure
accommodation).
”

(4)

Omit the following—

(a)

subsections (2A)
and
(2B)
;

(b)

subsection (2C)
;

(c)

subsection (2D)
.

[page
4:
line
15
]
(5)

In
subsection (3)
(contents of declaration)—

(a)

omit the “and” at the end of subsection (3)(c)(i);

(b)

in
paragraph (c)
, after
sub-paragraph (ii)
insert
“
, and—

(iii)

(in the case of a person falling within subsection
(2)
(d)
above) the declarant’s age and either the
[page
4:
line
20
]
name
of the local authority or the address of the
secure
accommodation;
”
.

(6)

In
subsection (4)
(meaning of “required address”)—

(a)

after
paragraph (b)
insert—

“
(ba)

in the case of a person falling within subsection (2)
(d)

[page
4:
line
25
]
above,
an address in the United Kingdom at which the
person
has resided;
”
;

(b)

omit
paragraph (c)
.

(7)

After
subsection (6)
insert—

“
(6A)

A declaration of local connection—

[page
4:
line
30
]
(a)

does not have effect for the purposes of a person’s registration
in
a register of parliamentary electors if the person would not
be
entitled to be registered in the register pursuant to the
declaration,

(b)

does not have effect for the purposes of a person’s registration
[page
4:
line
35
]
in
a register of local government electors if the person would
not
be entitled to be registered in the register pursuant to the
declaration,

(c)

does not have effect for the purposes of a person’s registration
in
a register of parliamentary electors or in a register of local
[page
4:
line
40
]
government
electors in England where—

[
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(i)

the declaration is made by virtue of subsection (2)
(d)
,
and

(ii)

the person is a person legally incapable of voting by
reason
of falling within section 3(1) or
(1ZA)
or section
[page
5:
line
5
]
3A,
and

(d)

does not have effect for the purposes of a person’s registration
in
a register of electors where—

(i)

the declaration is made by virtue of subsection (2)
(d)
,
and

[page
5:
line
10
]
(ii)

the person does not meet the conditions in
section
7BA
(1)
as they have effect for the purposes of the
register
concerned.
”

(8)

Omit the following—

(a)

subsection (7)
;

[page
5:
line
15
]
(b)

subsections (7A)
to
(7C)
.

(9)

After
section 7B
insert—

“
7BA

Declarations of local connectionlooked after or detained children
and
young persons

(1)

This section applies to a person who—

[page
5:
line
20
]
(a)

is under the applicable age, and

(b)

meets either of the requirements in
subsection (2)
.

(2)

The requirements are that—

(a)

the person is, or has been, a child looked after by a local
authority,
or

[page
5:
line
25
]
(b)

the person is being kept in secure accommodation.

(3)

In this section, the “applicable age” means—

(a)

for the purposes of a register of parliamentary electors or a
register
of local government electors in England or Scotland,
the
age of 21, and

[page
5:
line
30
]
(b)

for the purposes of a register of local government electors in
Wales,
the age of 18.

(4)

In the application of this section for the purposes of a person’s
registration
as a parliamentary elector—

(a)

the reference in
subsection (2)
to a child looked after by a local
[page
5:
line
35
]
authority—

(i)

for the purposes of the registration of electors in
England,
is to be read in accordance with
section 22
of
the

Children Act 1989
(duties of local authorities in
relation
to looked after children);

[page
5:
line
40
]
(ii)

for the purposes of the registration of electors in Wales,
has
the same meaning as in the
Social Services and
Well-being
(Wales) Act 2014
(anaw 1) (see
section 74
of
that
Act
);

[
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age
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]
(iii)

for the purposes of the registration of electors in
Scotland,
is to be construed in accordance with
section
17
(6)
of the
Children (Scotland) Act 1995
(duty of local
authorities
in relation to looked after children);

[page
6:
line
5
]
(iv)

for the purposes of the registration of electors in
Northern
Ireland, means a child who is looked after by
an
authority within the meaning of the
Children
(Northern
Ireland) Order 1995
(S.I. 1995/755 (N.I. 2))
(see

Article 25
of
that Order
);

[page
6:
line
10
]
(b)

“secure accommodation”—

(i)

for the purposes of the registration of electors in
England,
means accommodation within any of
paragraphs
(d)
to
(f)
of
section 248
(1)
of the Sentencing
Code;

[page
6:
line
15
]
(ii)

for the purposes of the registration of electors in Wales,
means
accommodation in the United Kingdom provided
for
the purpose of lawfully restricting the liberty of
persons
under the age of 18, other than a penal
institution
within the meaning of section 3(2)(b);

[page
6:
line
20
]
(iii)

for the purposes of the registration of electors in
Scotland,
has the same meaning as in the
Children’s
Hearings
(Scotland) Act 2011
(asp 1) (see
section 202
(1)

of
that Act)
;

(iv)

for the purposes of the registration of electors in
[page
6:
line
25
]
Northern
Ireland, has the same meaning as in
Article
44
of the
Children (Northern Ireland) Order 1995
(S.I.
1995/755
(N.I. 2)).

(5)

In the application of this section for the purposes of the person’s
registration
as a local government elector in England—

[page
6:
line
30
]
(a)

the reference in
subsection (2)
to a child looked after by a local
authority
is to be read in accordance with
section 22
of the
Children
Act 1989
(duties of local authorities in relation to
looked
after children), and

(b)

“secure accommodation” means accommodation within any of
[page
6:
line
35
]
paragraphs
(d)
to
(f)
of
section 248
(1)
of the
Sentencing Act
2020
.

(6)

In the application of this section for the purposes of the person’s
registration
as a local government elector in Wales—

(a)

the reference in
subsection (2)
to a child looked after by a local
[page
6:
line
40
]
authority
has the same meaning as in the
Social Services and
Well-being
(Wales) Act 2014
(anaw 1) (see
section 74
of
that
Act
), and

(b)

a person is kept in “secure accommodation” if the person is
kept
in accommodation in the United Kingdom provided for
[page
6:
line
45
]
the
purpose of lawfully restricting the liberty of persons under
the
age of 18, other than a penal institution within the meaning
of
section 3(2)(b).

[
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age
7
]
(7)

In the application of this section for the purposes of the person’s
registration
as a local government elector in Scotland—

(a)

the reference in
subsection (2)
to a child looked after by a local
authority
is to be construed in accordance with
section 17
(6)

[page
7:
line
5
]
of
the
Children (Scotland) Act 1995
(duty of local authorities
in
relation to looked after children), and

(b)

“secure accommodation” has the meaning given by paragraph
(a)
of the definition of “secure accommodation” in
section 202
(1)

of
the
Children’s Hearings (Scotland) Act 2011
(asp 1).
”

[page
7:
line
10
]
(10)

Part 2
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989

(modification
of RPA 1983) is amended as set out in
subsections (11)
and
(12)
.

(11)

In
paragraph 7A
(modifications of section 7B of RPA 1983)—

(a)

after
paragraph (b)
insert—

“
(ba)

in subsection
(6A)
, in paragraph
(c)
, omit “in England”;
”
;

[page
7:
line
15
]
(b)

omit
paragraph (c)
.

(12)

After
paragraph 7A
insert—

“
7B

In section 7BA—

(a)

in subsection (3)(a), omit “in England or Scotland”;

(b)

for subsection (5) there is substituted—

“
[page
7:
line
20
]
(5)

In the application of this section for the purposes of
the
person’s registration as a local elector in Northern
Ireland—

(a)

the reference in subsection (2) to a child
looked
after by a local authority, means a
[page
7:
line
25
]
child
who is looked after by an authority
within
the meaning of the
Children (Northern
Ireland)
Order 1995
(S.I. 1995/755 (N.I. 2))
(see

Article 25
of
that Order
), and

(b)

“secure accommodation” has the same
[page
7:
line
30
]
meaning
as in
Article 44
of the
Children
(Northern
Ireland) Order 1995
(S.I. 1995/755
(N.I.
2)).
”

”

5

Service declarations

(1)

RPA 1983
is amended as set out in
subsections (2)
to
(5)
.

[page
7:
line
35
]
(2)

In
section 14
(service qualification)—

(a)

after
subsection (1)
insert—

“
(1ZA)

A person also has a service qualification for the purposes of
this
Act if—

(a)

the person is under the relevant age,

[
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(b)

a parent or guardian of the person has a service
qualification
under any of paragraphs (a) to (e) of
subsection
(1), and

(c)

the person is residing at a particular place in order to
[page
8:
line
5
]
be
with that parent or guardian.

(1ZB)

In this section, the “relevant age” is—

(a)

where the person is relying on a service qualification
to
make a service declaration for the purposes of a
register
of parliamentary electors, or of local government
[page
8:
line
10
]
electors
in England, the age of 19,

(b)

where the person is relying on a service qualification
to
make a service declaration for the purposes of a
register
of local government electors in Wales, the age
of
18, and

[page
8:
line
15
]
(c)

where the person is relying on a service qualification
to
make a service declaration for the purposes of a
register
of local government electors in Scotland, the
age
of 18.
”
;

(b)

omit
subsection (1A)
.

[page
8:
line
20
]
(3)

In
section 15
(service declarations)—

(a)

in
subsection (2)
—

(i)

omit the “or” at the end of
paragraph (b)
;

(ii)

after
paragraph (c)
insert
“
or

(d)

in a case in which the service declaration was
[page
8:
line
25
]
made
by virtue of a service qualification under
section
14
(1ZA)
, the person attains the relevant
age
(as defined in section 14
(1ZB)
),
”
;

(b)

omit
subsections (3A)
to
(3C)
;

(c)

omit
subsection (5)
;

[page
8:
line
30
]
(d)

omit
subsections (5A)
to
(5C)
;

(e)

before
subsection (6)
insert—

“
(5D)

A service declaration—

(a)

does not have effect for the purposes of a person’s
registration
in a register of parliamentary electors if the
[page
8:
line
35
]
person
would not be entitled to be registered in the
register
pursuant to the declaration,

(b)

does not have effect for the purposes of a person’s
registration
in a register of local government electors if
the
person would not be entitled to be registered in the
[page
8:
line
40
]
register
pursuant to the declaration, and

(c)

does not have effect for the purposes of a person’s
registration
in a register of local government electors
in
Wales or Scotland where—

(i)

the declaration is made by virtue of a service
[page
8:
line
45
]
qualification
under section 14
(1ZA)
, and

[
p
age
9
]
(ii)

the person is not under the relevant age for the
purposes
of the register (as defined in section
14
(1ZB)
).
”
;

(f)

after
subsection (9)
insert—

“
[page
9:
line
5
]
(9A)

For the purposes of a register of parliamentary electors or of
local
government electors in England, the Secretary of State
may
by order provide that, in relation to persons registered in
pursuance
of a qualifying child’s service declaration, subsection
(2)(a)
has effect as if for the period of 12 months there were
[page
9:
line
10
]
substituted
such other period (not exceeding 5 years) as the
Secretary
of State thinks appropriate.

(9B)

For the purposes of subsection
(9A)
, a person has a “qualifying
child’s
service declaration” if—

(a)

they have a service declaration by virtue of a service
[page
9:
line
15
]
qualification
under section 14
(1ZA)
, and

(b)

they satisfy the condition in section 14
(1ZA)
(b)
by
reason
of their parent or guardian having a service
qualification
under paragraph (a) or (d) of section
14(1).
”
;

[page
9:
line
20
]
(g)

in
subsection (10)
, after “subsection (9)” insert “or
(9A)
”;

(h)

in
subsection (11)
, after “subsection (9)” insert “or
(9A)
”;

(i)

in
subsection (12)
, after “subsection (9)” insert “or
(9A)
”.

(4)

In
section 16
(contents of service declaration)—

(a)

the existing text, as it extends to Northern Ireland, becomes
subsection
[page
9:
line
25
]
(1)
;

(b)

in
subsection (1)
omit the words after
paragraph (g)
;

(c)

after
subsection (1)
insert—

“
(1A)

A service declaration must be attested in the prescribed manner,
except
where the declarant is—

[page
9:
line
30
]
(a)

a member of the forces or the spouse or civil partner
of
such a member, or

(b)

a person claiming to have a service qualification under
section
14
(1ZA)
.
”
;

(d)

omit
subsection (2)
.

[page
9:
line
35
]
(5)

In
section 17
(effect of service declaration)—

(a)

in
subsection (1)
(a)
, for “section 16(d)” substitute “section 16(1)(d)”;

(b)

after
subsection (2)
insert—

“
(2A)

Where a service declaration was made by virtue of a service
qualification
under section 14
(1ZA)
, a person who has attained
[page
9:
line
40
]
the
relevant age (as defined in section 14
(1ZB)
) is not to be
treated
as continuing to have a service qualification by reason
of
subsection (2) of this section.
”
;

(c)

omit
subsection (3)
.

[
p
age
10
]
(6)

In
Part 2
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989

(modification
of RPA 1983)—

(a)

before
paragraph 11A
insert—

“
11ZA

In section 14
(1ZB)
(a)
omit “in England”.
”
;

[page
10:
line
5
]
(b)

for
paragraph 11A
substitute—

“
11A

In section 15, in subsection
(9A)
, omit “in England”.
”

6

Further provision about registration and participation in elections etc

Schedule

1
makes further provision in connection with the registration of
young
people and their participation in elections and recall petitions.

[page
10:
line
10
]
Protection
of information relating to persons aged under 16

7

Prohibition on registration officers disclosing information

(1)

A registration officer must not publish, supply or otherwise disclose
registration
information relating to a person who, at the time of the
publication,
supply or other disclosure, is under 16.

[page
10:
line
15
]
(2)

Subsection (1)
is subject to—

(a)

sections 8
and
9
;

(b)

regulations under
section 13
.

(3)

In
this section
and
sections 8
to
13
, “registration information” means all or
part
of an entry in—

[page
10:
line
20
]
(a)

a voters register,

(b)

an absent voters record or list, or

(c)

an overseas electors list.

(4)

In
this section
and
sections 8
to
13
—

“
absent
voters record or list”
means—

[page
10:
line
25
]
(a)

so far as relating to parliamentary elections or to local
government
elections in England—

(i)

a record kept under
paragraph 3
(4)
or
7
(6)
of
Schedule
4
to
RPA 2000
;

(ii)

a list kept under
paragraph 5
or
7
(8)
of
that Schedule
;

[page
10:
line
30
]
(b)

a record kept under
section 6
(3)
or
9
(6)
of
RPA 1985
;

(c)

a list kept under
section 7
(4)
or
9
(9)
of
that Act
;

(d)

a record kept under paragraph 1(3) or 4(5) of
Part 1
of
Schedule
2
to the
Local Elections (Northern Ireland) Order 1985
(S.I.
1985/454);

[page
10:
line
35
]
(e)

a list kept under paragraph 2(4) or 4(8) of
Part 1
of
Schedule
2
to
that Order
;

(f)

a record kept under
regulation 51
(4)
,
52
(5)
or
58
(7)
of the
Recall
of
MPs Act 2015 (Recall Petition) Regulations 2016
(S.I.
2016/295);

[
p
age
11
]
(g)

a list kept under
regulation 55
(2)
or
(3)
,
56
(2)
or
(3)
or
58
(9)
of
those
Regulations
;

(h)

a list kept under
paragraph 4
(2)
or
(3)
or
7
(7)
of
Schedule 2
to
the

Police and Crime Commissioner Elections Order 2012
(S.I.
[page
11:
line
5
]
2012/1917);

“
overseas
electors list”
means a list of persons entitled to be registered,
pursuant
to an overseas elector’s declaration, in a register of
parliamentary
electors maintained under
section 9
(1)
(a)
of
RPA 1983
;

“
overseas
elector’s declaration”
means a declaration made under and in
[page
11:
line
10
]
accordance
with
section 1C
of
RPA 1985
;

“
registration
officer”
(see also
subsection (5)
) means—

(a)

a registration officer appointed under
section 8
(2)
,
(2A)
or
(3)

of

RPA 1983
,

(b)

the Chief Electoral Officer for Northern Ireland, or

[page
11:
line
15
]
(c)

a petition officer under
section 6
of the
Recall of MPs Act 2015
;

“
voters
register”
means—

(a)

a register of parliamentary electors maintained under
section
9
(1)
(a)
of
RPA 1983
;

(b)

a register of local government electors in England or local
[page
11:
line
20
]
electors
in Northern Ireland maintained under
section 9
(1)
(b)

of

that Act
;

(c)

a register of persons entitled to sign a recall petition compiled
under

regulation 4
of the
Recall of MPs Act 2015 (Recall
Petition)
Regulations 2016
(S.I. 2016/295),

[page
11:
line
25
]
and,
in the case of a register described in
paragraph (a)
or
(b)
, includes
any
notice of an alteration in the register issued under
section 13A
(2)
,
13AB
(2)
,
13B
(3)
,
(3B)
or
(3D)
,
13BA
(3)
,
(6)
or
(9)
or
13BC
(3)
or
(6)
of
RPA
1983
.

(5)

In
this section
and
sections 8
to
13
, references to a registration officer include—

[page
11:
line
30
]
(a)

a deputy registration officer, and

(b)

a person assisting a registration officer in carrying out the registration
officer’s
functions.

8

Exceptions from prohibitions on disclosure

(1)

Section 7
(1)
does not prevent the disclosure of registration information to a
[page
11:
line
35
]
person
(the “recipient”) so far as necessary for the purpose of the carrying
out
by the recipient of functions in connection with—

(a)

the registration of electors;

(b)

the registration of persons entitled to sign a recall petition;

(c)

the conduct of—

[page
11:
line
40
]
(i)

an election,

(ii)

a recall petition process,

(iii)

a local government referendum, or

[
p
age
12
]
(iv)

a poll consequent on a parish meeting (see
paragraph 18
of
Schedule
12
to the
Local Government Act 1972
) (a “parish
poll”).

(2)

Section 7
(1)
does not prevent the disclosure of registration information in a
[page
12:
line
5
]
version
or copy of a voters register, absent voters record or list or overseas
electors
list supplied in accordance with a relevant supply enactment (as
defined
in
section 11
).

(3)

But the exception in
subsection (2)
—

(a)

applies to the disclosure of registration information only so far as
[page
12:
line
10
]
necessary
for the purposes of or in connection with an election, recall
petition
process, referendum or parish poll at which the person to
whom
it relates will be entitled to vote, and

(b)

does not apply to the disclosure of registration information from which
the
person’s date of birth may be ascertained.

[page
12:
line
15
]
(4)

Section 7
(1)
does not prevent the disclosure of registration information to a
person
so far as necessary for the purposes of a criminal investigation or
criminal
proceedings relating to an offence (or an alleged offence) under an
enactment
relating to—

(a)

the registration of electors;

[page
12:
line
20
]
(b)

the conduct of an election, recall petition process, local government
referendum
or parish poll.

(5)

Section 7
(1)
does not prevent the disclosure of registration information to—

(a)

the Security Service,

(b)

the Government Communications Headquarters, or

[page
12:
line
25
]
(c)

the Secret Intelligence Service.

(6)

Section 7
(1)
does not prevent the disclosure of registration information to a
person
appointed as a proxy to vote for the person to whom the information
relates.

(7)

In
this section
, “local government referendum” means a referendum under—

[page
12:
line
30
]
(a)

Chapter 4
of
Part 1A
of the
Local Government Act 2000
(local authority
governance:
England);

(b)

section 52ZG
or
52ZN
of the
Local Government Finance Act 1992

(referendums
in relation to council tax);

(c)

Schedule 4B
or
4C
to the
Town and Country Planning Act 1990

[page
12:
line
35
]
(referendums
on neighbourhood development plans).

(8)

In
subsections (3)
and
(6)
“vote” includes sign a recall petition.

9

Exceptions for combined information

(1)

In
this section
—

“
combined
voters information”
means all or part of an entry in a register
[page
12:
line
40
]
maintained
under
section 9
(1)
of
RPA 1983
but only where—

[
p
age
13
]
(a)

the entry relates to a person who is registered both in a register
of
parliamentary electors and a register of local government
electors
in Wales or Scotland, and

(b)

those registers are combined in accordance with
section 9
(5)

[page
13:
line
5
]
of

that Act
,

(and
references in this definition to a register maintained under
section
9
(1)
of
RPA 1983
include any notice of an alteration in the register
issued
under
section 13A
(2)
,
13AB
(2)
or
13B
(3)
,
(3B)
or
(3D)
of
RPA
1983
);

“
[page
13:
line
10
]
combined
absent voters information”
means all or part of an entry in
a
record kept under
paragraph 3
(4)
or
7
(6)
of
Schedule 4
to
RPA 2000

but
only where—

(a)

the entry relates to a person in respect of whom an application
under

paragraph 3
(4)
or
7
(6)
of
that Schedule
has been granted
[page
13:
line
15
]
both
in respect of parliamentary elections and in respect of
local
government elections in Wales or Scotland, and

(b)

the record relates both to parliamentary elections and to local
government
elections in Wales or Scotland.

(2)

Section 7
(1)
does not prevent the disclosure of all or part of an entry that is
[page
13:
line
20
]
combined
voters information or combined absent voters information where
disclosure
of the entry is permitted by—

(a)

section 25
of the
Senedd and Elections (Wales) Act 2020
(anaw 1) or
regulations
under
section 26
of
that Act
, or

(b)

section 14
of the
Scottish Elections (Reduction of Voting Age) Act 2015

[page
13:
line
25
]
(asp
7) or regulations under
section 15
of
that Act
.

(3)

But the exception in
subsection (2)
may be relied on only in relation to a
disclosure
which could not be made in reliance on an exception in
section 8

or
regulations under
section 13
.

(4)

Where—

[page
13:
line
30
]
(a)

all or part of an entry that is combined voters information or combined
absent
voters information is disclosed in reliance on an exception in
section
8
or regulations under
section 13
,

(b)

the disclosure is permitted by a provision of, or made under, an Act
mentioned
in
subsection (2)
(a)
or
(b)
, and

[page
13:
line
35
]
(c)

that permission is subject to a restriction or condition imposed by or
under

that Act
(for example, a restriction on further disclosure by the
recipient
of the information),

that
restriction or condition also applies in connection with the disclosure of
all
or part of the entry in reliance on the exception in
section 8
or regulations
[page
13:
line
40
]
under

section 13
.

10

Exceptions for combined information under devolved legislation

(1)

The
Scottish Elections (Reduction of Voting Age) Act 2015
(asp 7) is amended
as
set out in
subsections (2)
to
(4)
.

[
p
age
14
]
(2)

In
section 13
(protection of information about persons aged under 16)—

(a)

in
subsection (1)
(a)
, after “section 14” insert “or
14A
”;

(b)

in
subsection (2)
, in the words before
paragraph (a)
, after “sections
14”
insert “,
14A
”.

[page
14:
line
5
]
(3)

After
section 14
insert—

“
14A

Exceptions for combined information

(1)

In this section—

“
combined
voters information”
means an entry in a register
maintained
under
section 9
(1)
of
the 1983 Act
but only where—

[page
14:
line
10
]
(a)

the entry relates to a person who is registered both in
the
register of local government electors in Scotland
and
a register of parliamentary electors, and

(b)

those registers are combined in accordance with section
9(5)
of that Act,

[page
14:
line
15
]
(and
references in this definition to a register maintained under
section
9(1) of the 1983 Act include any notice of an alteration
in
the register issued under section 13A(2), 13AB(2) or 13B(3),
(3B)
or (3D) of
the 1983 Act
);

“
combined
absent voters information”
means an entry in a record
[page
14:
line
20
]
kept
under
paragraph 3
(4)
or
7
(6)
of
Schedule 4
to the
Representation
of the People Act 2000
but only where—

(a)

the entry relates to a person in respect of whom an
application
under
paragraph 3
(4)
or
7
(6)
of
that Schedule

has
been granted both in respect of local government
[page
14:
line
25
]
elections
in Scotland and in respect of parliamentary
elections,
and

(b)

the record relates both to local government elections in
Scotland
and to parliamentary elections.

(2)

An entry that is combined voters information or combined absent
[page
14:
line
30
]
voters
information may be disclosed where disclosure of the entry is
permitted
by section 8 of the Representation of the People Act 2026
or
regulations under section 13 of that Act.

(3)

But the exception in
subsection (2)
may be relied on only in relation
to
a disclosure which could not be made under section 14 or
[page
14:
line
35
]
regulations
under section 15.

(4)

Where—

(a)

an entry that is combined voters information or combined
absent
voters information is disclosed under section 14 or
regulations
under section 15,

[page
14:
line
40
]
(b)

the disclosure is permitted by section 8 of the Representation
of
the People Act 2026 or regulations under section 13 of that
Act,
and

[
p
age
15
]
(c)

that permission is subject to a restriction or condition imposed
by
or under that Act (for example, a restriction on further
disclosure
by the recipient of the information),

that
restriction or condition also applies in connection with the
[page
15:
line
5
]
disclosure
of the entry under section 14 or regulations under section
15.
”

(4)

In
section 15
(further provision for exceptions), in
subsection (3)
(b)
, after
“section
14” insert “or 14A”.

(5)

The
Senedd and Elections (Wales) Act 2020
(anaw 1) is amended as set out
[page
15:
line
10
]
in

subsections (6)
to
(9)
.

(6)

In
section 24
(protection of information about persons aged under 16)—

(a)

in the English language text—

(i)

in
subsection (1)
(a)
, after “section 25” insert “or 25A”;

(ii)

in
subsection (2)
, in the opening words, after “sections 25”
[page
15:
line
15
]
insert
“, 25A”;

(iii)

in
subsection (3)
, in the words before
paragraph (a)
, after
“sections
25” insert “, 25A”;

(b)

in the Welsh language text—

(i)

in
subsection (1)
(a)
, after “adran 25” insert “neu 25A”;

[page
15:
line
20
]
(ii)

in
subsection (2)
, in the opening words, after “adrannau 25”
insert
“, 25A”;

(iii)

in
subsection (3)
, in the words before
paragraph (a)
, after
“adrannau
25” insert “, 25A”.

(7)

In the English language text, after
section 25
insert—

“
[page
15:
line
25
]
25A

Exceptions for combined information

(1)

This section applies for the purpose of section 24(1).

(2)

In this section—

“
combined
voters information”
(“
gwybodaeth gyfunol am
bleidleiswyr
”) means an entry in a register maintained under
[page
15:
line
30
]
section
9(1) of the 1983 Act but only where—

(a)

the entry relates to a person who is registered both in
the
register of local government electors in Wales and
a
register of parliamentary electors, and

(b)

those registers are combined in accordance with section
[page
15:
line
35
]
9(5)
of that Act,

(and
references in this definition to a register maintained under
section
9(1) of the 1983 Act include any notice of an alteration
in
the register issued under section 13A(2), 13AB(2) or 13B(3),
(3B)
or (3D) of the 1983 Act);

“
[page
15:
line
40
]
combined
absent voters information”
(“
gwybodaeth gyfunol am
bleidleiswyr

absennol
”) means an entry in a record kept under
paragraph
3(4) or 7(6) of
Schedule 4
to the
Representation of
the
People Act 2000
but only where—

[
p
age
16
]
(a)

the entry relates to a person in respect of whom an
application
under
paragraph 3
(4)
or
7
(6)
of
that Schedule

has
been granted in respect of local government
elections
in Wales and in respect of parliamentary
[page
16:
line
5
]
elections,
and

(b)

the record relates both to local government elections in
Wales
and to parliamentary elections.

(3)

An entry that is combined voters information or combined absent
voters
information may be disclosed where disclosure of the entry is
[page
16:
line
10
]
permitted
by section 8 of the Representation of the People Act 2026
or
regulations under section 13 of that Act.

(4)

But the exception in subsection
(3)
may be relied on only in relation
to
a disclosure which could not be made under section 25 or
regulations
under section 26.

[page
16:
line
15
]
(5)

Where—

(a)

an entry that is combined voters information or combined
absent
voters information is disclosed under section 25 or
regulations
under section 26,

(b)

the disclosure is permitted by section 8 of the Representation
[page
16:
line
20
]
of
the People Act 2026 or regulations under section 13 of that
Act,
and

(c)

that permission is subject to a restriction or condition imposed
by
or under that Act (for example, a restriction on further
disclosure
by the recipient of the information),

[page
16:
line
25
]
that
restriction or condition also applies in connection with the
disclosure
of the entry under section 25 or regulations under section
26.
”

(8)

In the Welsh language text, after
section 25
insert—

“
25A

Eithriadau ar gyfer gwybodaeth gyfunol

[page
16:
line
30
]
(1)

Mae’r adran hon yn gymwys at ddiben adran 24(1).

(2)

Yn yr adran hon—

ystyr

“gwybodaeth gyfunol am bleidleiswyr”
(“
combined voters
information
”) yw eitem mewn cofrestr a gynhelir o dan adran
9(1)
o Ddeddf 1983 ond dim ond pan—

[page
16:
line
35
]
(a)

bo’r eitem yn ymwneud â pherson sydd wedi’i gofrestru
yn
y gofrestr o etholwyr llywodraeth leol yng Nghymru
a
chofrestr o etholwyr seneddol, a

(b)

caiff y cofrestrau hynny eu cyfuno yn unol ag adran
9(5)
o’r Ddeddf honno,

[page
16:
line
40
]
(ac
mae cyfeiriadau yn y diffiniad hwn at gofrestr a gynhelir
o
dan adran 9(1) o Ddeddf 1983 yn cynnwys unrhyw hysbysiad
o
addasiad yn y gofrestr a ddyroddwyd o dan adran 13A(2),
13AB(2)
neu 13B(3), (3B) neu (3D) o Ddeddf 1983);

[
p
age
17
]
ystyr

“gwybodaeth gyfunol am bleidleiswyr absennol”
(“
combined
absent
voters information
”) yw eitem mewn cofnod a gedwir o
dan
baragraff 3(4) neu 7(6) o Atodlen 4 i Ddeddf
Cynrychiolaeth
y Bobl 2000 ond dim ond pan—

[page
17:
line
5
]
(a)

bo’r eitem yn ymwneud â pherson y mae cais o dan
baragraff
3(4) neu 7(6) o’r Atodlen honno wedi’i
ganiatáu
ar ei gyfer mewn cysylltiad ag etholiadau
llywodraeth
leol yng Nghymru ac mewn cysylltiad ag
etholiadau
seneddol, a

[page
17:
line
10
]
(b)

bo’r cofnod yn ymwneud ag etholiadau llywodraeth
leol
yng Nghymru ac etholiadau seneddol.

(3)

Caniateir datgelu eitem sy’n wybodaeth gyfunol am bleidleiswyr neu
wybodaeth
gyfunol am bleidleiswyr absennol pan ganiateir datgelu’r
eitem
yn unol ag adran
8
o Ddeddf Cynrychiolaeth y Bobl 2026 neu
[page
17:
line
15
]
reoliadau
o dan adran
13
o’r Ddeddf honno.

(4)

Ond dim ond mewn perthynas â datgeliad [na ellid][na chaniateir] ei
wneud
o dan adran 25 neu reoliadau o dan adran 26 y caniateir
dibynnu
ar yr eithriad yn is-adran
(3)
.

(5)

Pan—

[page
17:
line
20
]
(a)

caiff eitem sy’n wybodaeth gyfunol am bleidleiswyr neu
wybodaeth
gyfunol am bleidleiswyr absennol ei datgelu o dan
adran
25 neu reoliadau o dan adran 26,

(b)

caniateir y datgeliad yn unol ag adran
8
o Ddeddf
Cynrychiolaeth
y Bobl 2026 neu reoliadau o dan adran
13
o’r
[page
17:
line
25
]
Ddeddf
honno, ac

(c)

bo’r caniatâd hwnnw yn ddarostyngedig i gyfyngiad neu amod
a
osodwyd gan neu o dan y Ddeddf honno (er enghraifft,
cyfyngiad
ar ddatgeliad pellach gan dderbynnydd yr
wybodaeth),

[page
17:
line
30
]
mae’r
cyfyngiad neu’r amod hwnnw hefyd yn gymwys mewn
cysylltiad
â datgelu’r eitem o dan adran 25 neu reoliadau o dan adran
26.
”

(9)

In
section 26
(further provision for exceptions), in
subsection (3)
(a)
—

(a)

in the English language text, after “section 25” insert “or 25A”;

[page
17:
line
35
]
(b)

in the Welsh language text, after “adran 25” insert “neu 25A”.

11

Meaning of “relevant supply enactment”

For
the purposes of
section 8
(2)
, “relevant supply enactment” means—

(a)

the following provisions of the
Representation of the People (England
and
Wales) Regulations 2001
(S.I. 2001/341)—

[page
17:
line
40
]
(i)

regulation 61
, so far as relating to a supply to a person or
organisation
falling within
regulation 108
(supply of postal
voting
and proxy lists etc to candidates);

(ii)

regulation 100
(supply to Electoral Commission);

[
p
age
18
]
(iii)

regulation 101
(supply to Boundary Commission etc);

(iv)

regulation 102
, so far as relating to a supply to a person or
organisation
falling within
regulation 108
(candidates);

(b)

the following provisions of the
Representation of the People (Scotland)
[page
18:
line
5
]
Regulations
2001
(S.I. 2001/497)—

(i)

regulation 61
, so far as relating to a supply to a person or
organisation
falling within
regulation 107
(supply of postal
voting
and proxy lists etc to candidates);

(ii)

regulation 99
(supply to Electoral Commission);

[page
18:
line
10
]
(iii)

regulation 100
(supply to Boundary Commission etc);

(iv)

regulation 101
, so far as relating to a supply to a person or
organisation
falling within
regulation 107
(candidates);

(c)

the following provisions of the
Representation of the People (Northern
Ireland)
Regulations 2008
(S.I. 2008/1741)—

[page
18:
line
15
]
(i)

regulation 66
(1)
(supply of postal voting and proxy lists etc to
candidates
and agents);

(ii)

regulation 99
(supply to Electoral Commission);

(iii)

regulation 100
(supply to Boundary Commission for Northern
Ireland
etc);

[page
18:
line
20
]
(iv)

regulation 101
, so far as relating to a supply to a person or
organisation
falling within
regulation 106
(candidates);

(d)

paragraph 2
of
Schedule 1
to the
Police and Crime Commissioner
Elections
Order 2012
(S.I. 2012/1917), so far as relating to a request
by
a person within paragraph 5 of that Schedule (candidates);

[page
18:
line
25
]
(e)

paragraph 3
(1)
(a)
,
(b)
,
(c)
and
(f)
of
Schedule 1
to the
Recall of MPs
Act
2015 (Recall Petition) Regulations 2016
(S.I. 2016/295) (supply to
registered
parties, MPs subject to a recall petition, the Electoral
Commission
and accredited campaigners).

12

Prohibition on onward disclosure of information

[page
18:
line
30
]
(1)

A person to whom registration information is disclosed in reliance on an
exception
in
subsection (1)
,
(4)
or
(6)
of
section 8
must not disclose the
information
to any other person, except as described in the subsection
concerned.

(2)

A person who contravenes
subsection (1)
commits an offence and is liable on
[page
18:
line
35
]
summary
conviction—

(a)

in England and Wales, to a fine;

(b)

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the
standard
scale.

13

Power to make further provision about disclosure of information

[page
18:
line
40
]
(1)

The Secretary of State may by regulations made by statutory instrument make
provision
for or about the disclosure of protected information.

(2)

“Protected information” is information falling within
section 7
(1)
.

[
p
age
19
]
(3)

Regulations under
subsection (1)
may, in particular, include provision—

(a)

that a supply or other disclosure of protected information by
registration
officers, to such descriptions of persons as may be specified
in
the regulations, does not breach the prohibition in
section 7
(1)
;

[page
19:
line
5
]
(b)

specifying in relation to any person, or description of person, to whom
protected
information has been supplied or otherwise disclosed
(whether
by a registration officer or another person) the purposes for
which
protected information may be used;

(c)

imposing prohibitions or restrictions relating to the extent (if any) to
[page
19:
line
10
]
which
persons to whom protected information is supplied or otherwise
disclosed
(whether in accordance with the regulations or otherwise)
may—

(i)

supply or otherwise disclose the information to other persons,
or

[page
19:
line
15
]
(ii)

make use of the information otherwise than for any purposes
specified
in the regulations or for which the information has
been
supplied or otherwise disclosed in accordance with the
regulations;

(d)

imposing prohibitions or restrictions corresponding to those which
[page
19:
line
20
]
may
be imposed by virtue of
paragraph (c)
in relation to—

(i)

persons to whom protected information has been supplied or
otherwise
disclosed in accordance with regulations made in
pursuance
of
paragraph (c)
or
this paragraph
, or

(ii)

persons who otherwise have access to protected information;

[page
19:
line
25
]
(e)

imposing, in relation to persons involved in the preparation of—

(i)

a register of electors maintained under
section 9
(1)
of
RPA
1983
,

(ii)

a register of persons entitled to sign a recall petition compiled
under

regulation 4
of the
Recall of MPs Act 2015 (Recall
[page
19:
line
30
]
Petition)
Regulations 2016
(S.I. 2016/295),

(iii)

an absent voters record or list, or

(iv)

an overseas electors list,

prohibitions
with respect to supplying copies of, or otherwise
disclosing,
protected information contained in anything described in
[page
19:
line
35
]
sub-paragraphs
(i)
to
(iv)
.

(4)

Regulations under
subsection (1)
may—

(a)

make different provision for different purposes;

(b)

amend
sections 7
to
9
,
11
,
12
and
14
(but see subsection (5));

(c)

apply (with or without modifications) other enactments relating to the
[page
19:
line
40
]
supply
or disclosure of—

(i)

a register of electors,

(ii)

the register of persons entitled to sign a recall petition,

(iii)

an absent voters record or list, or

(iv)

an overseas electors list,

[
p
age
20
]
or
copies of, or entries in, anything described in
sub-paragraphs (i)
to
(iv)
;

(d)

provide for the creation of criminal offences punishable on summary
conviction—

[page
20:
line
5
]
(i)

in England and Wales, by a fine, and

(ii)

in Scotland or Northern Ireland, by a fine not exceeding level
5
on the standard scale;

(e)

make incidental, supplemental, consequential, transitional, transitory
or
saving provision.

[page
20:
line
10
]
(5)

Regulations under
subsection (1)
may amend the definitions of “registration
information”,
“voters register”, “absent voters record or list” or “overseas
electors
list” in
section 7
in the following ways only—

(a)

by adding a description of information, register, record or list,

(b)

by varying a description of information, register, record or list,

[page
20:
line
15
]
(c)

by omitting a description of information, register, record or list added
by
regulations made under
subsection (1)
.

(6)

Before making regulations under
subsection (1)
, the Secretary of State must
consult—

(a)

the Electoral Commission, and

[page
20:
line
20
]
(b)

such other persons as the Secretary of State thinks appropriate.

(7)

A statutory instrument contain regulations under
this section
may not be
made
unless a draft of the instrument has been laid before and approved by
a
resolution of each House of Parliament.

14

Interpretation of sections 7 to 13

[page
20:
line
25
]
(1)

This section
defines terms and expressions used in
sections 7
to
13
.

(2)

For the meaning of “absent voters record or list”, “overseas electors list”,
“registration
officer”, “registration information” and “voters register”, see
section
7
.

(3)

“Enactment” includes—

[page
20:
line
30
]
(a)

an enactment comprised in subordinate legislation (as defined in
section
21
of the
Interpretation Act 1978
);

(b)

an enactment comprised in, or in an instrument made under, a Measure
or
Act of Senedd Cymru;

(c)

an enactment comprised in, or in an instrument made under, an Act
[page
20:
line
35
]
of
the Scottish Parliament;

(d)

an enactment comprised in, or in an instrument made under, Northern
Ireland
legislation.

(4)

“Local government election” means a local government election within the
meaning
of
section 203
or
204
of
RPA 1983
;

[page
20:
line
40
]
(5)

“Recall petition” has the same meaning as in the
Recall of MPs Act 2015
(see
section
1(2) of that Act).

[
p
age
21
]
(6)

“Recall petition process” means the process for dealing with a recall petition.

Duty
to raise awareness and provide assistance

15

Duty to raise awareness and provide assistanceGreat Britain

(1)

A local authority in England, Wales or Scotland must take the steps the
[page
21:
line
5
]
authority
considers necessary—

(a)

to promote awareness among relevant young people of the
arrangements
for registration as a parliamentary elector that apply to
them,
and

(b)

to help relevant young people register as parliamentary electors.

[page
21:
line
10
]
(2)

A local authority in England must take the steps the authority considers
necessary—

(a)

to promote awareness among relevant young people of the
arrangements
for registration as a local government elector in England
that
apply to them, and

[page
21:
line
15
]
(b)

to help relevant young people register as local government electors
in
England.

(3)

For the purposes of
this section
, the following are “relevant young people”
in
relation to a local authority—

(a)

a person who is a child looked after by the local authority, and

[page
21:
line
20
]
(b)

a person, not falling within
paragraph (a)
, who is a young person
eligible
for continuing care from the local authority,

other
than a person legally incapable of voting by reason of falling within
section
3
(1)
or
(1ZA)
or
section 3A
of
RPA 1983
.

(4)

For the purposes of
this section
, a person is a child looked after by a local
[page
21:
line
25
]
authority
if the person is—

(a)

a child who is looked after by the local authority within the meaning
of

section 22
of the
Children Act 1989
,

(b)

a child who is looked after by the local authority for the purposes of
the

Social Services and Well-being (Wales) Act 2014
(anaw 4) (see
[page
21:
line
30
]
section
74
of
that Act
),

(c)

a child who is looked after by the local authority for the purposes of
Chapter
1
of
Part 2
of the
Children (Scotland) Act 1995
(see section
17(6)
of that Act), or

(d)

a child detained in secure accommodation by virtue of
section 51
(1)
(a)

[page
21:
line
35
]
or

216
(7)
of the
Criminal Procedure (Scotland) Act 1995
in relation to
whom
the local authority has duties by virtue of
section 17A
of the
Children
(Scotland) Act 1995
(detained children treated as looked after
children).

(5)

For the purposes of
this section
, a person is a young person eligible for
[page
21:
line
40
]
continuing
care from a local authority if—

[
p
age
22
]
(a)

the local authority has a duty described in
section 23B
or
23C
of the
Children
Act 1989
in relation to the person (continuing functions
regarding
former looked after children),

(b)

the local authority has the duty described in
section 106
of the
Social
[page
22:
line
5
]
Services
and Well-being (Wales) Act 2014
(anaw 4) in relation to the
person
(duty to arrange for personal adviser),

(c)

the local authority has a duty to provide the person with continuing
care
under
section 26A
of the
Children (Scotland) Act 1995
(provision
of
continuing care to former looked after children), or

[page
22:
line
10
]
(d)

the local authority has a duty to provide advice, guidance or assistance
to
the person under
section 29
(1)
or
(5A)
of the
Children (Scotland)
Act
1995
(provision of advice, guidance and assistance to former looked
after
children).

(6)

In
this section
, “local authority” means—

[page
22:
line
15
]
(a)

in relation to England, a county council, a district council for an area
for
which there is no county council, a London borough council, the
Common
Council of the City of London in its capacity as a local
authority
and the Council of the Isles of Scilly;

(b)

in relation to Wales, a county council or county borough council;

[page
22:
line
20
]
(c)

in relation to Scotland, a council constituted under
section 2
of the
Local
Government etc. (Scotland) Act 1994
.

16

Duty to raise awareness and provide assistanceNorthern Ireland

(1)

A Health and Social Care trust must take the steps the trust considers
necessary—

[page
22:
line
25
]
(a)

to promote awareness among relevant young people of the
arrangements
for registration as a parliamentary or local elector in
Northern
Ireland that apply to them, and

(b)

to help relevant young people register as parliamentary or local electors
in
Northern Ireland.

[page
22:
line
30
]
(2)

For the purposes of
this section
, the following are “relevant young people”
in
relation to a Health and Social Care trust—

(a)

a person who is a child looked after by the trust for the purposes of
the

Children (Northern Ireland) Order 1995
(S.I. 1995/755 (N.I. 2))
(see

Article 25
of
that Order
), and

[page
22:
line
35
]
(b)

a person who is a young person eligible for continuing care from the
trust,

other
than a person legally incapable of voting by reason of falling within
section
3
(1)
or
(1ZA)
or
section 3A
of
RPA 1983
.

(3)

For the purposes of
this section
, a person is a young person eligible for
[page
22:
line
40
]
continuing
care from a Health and Social Care trust if the trust—

(a)

has a function set out in Article 34C, or a duty provided for in
Article
34D,
of the Children (Northern Ireland) Order 1995
(S.I. 1995/755 (N.I.
2))
in respect of the person, or

(b)

may give assistance to the person under Article 35B of that Order.

[
p
age
23
]
(4)

In
this section
, “a Health and Social Care trust” means a Health and Social
Care
trust established under the
Health and Personal Social Services (Northern
Ireland)
Order 1991
(S.I. 1991/194 (N.I. 1)).

Part
2

[page
23:
line
5
]
Registration
of voters

Registration,
and alteration of registers, without an application

17

Registration without an application

(1)

In
RPA 1983
, before
section 13
insert—

“
12A

Duty to register certain electors without an application

[page
23:
line
10
]
(1)

A registration officer must register a person in a relevant register
maintained
by the officer if—

(a)

the officer is aware of the person’s name and address,

(b)

the person is not registered in the register,

(c)

the person appears to the officer to be of voting age and
[page
23:
line
15
]
entitled
to be registered in the register,

(d)

the officer has given the person a notice in accordance with
section
12B
(1)
in relation to the register, and

(e)

either (or both) of the following applies—

(i)

the response period specified in the notice (in
[page
23:
line
20
]
accordance
with
section 12B
(3)
(d)
) has ended;

(ii)

during that period, the person confirmed to the officer
that
the person wishes to be registered in the register
under
this section.

(2)

In this section, “relevant register” means a register of electors other
[page
23:
line
25
]
than—

(a)

a register of local government electors for an area in Wales;

(b)

a register of local government electors for an area in Scotland.

(3)

Subsection (1)
does not apply if, during the response period specified
in
the notice referred to in
subsection (1)
(d)
—

[page
23:
line
30
]
(a)

the person notified the officer that the person does not wish
to
be registered in the register under this section,

(b)

the officer received an application for registration in the register
made
by someone who appears to the officer to be the person,

(c)

the officer is treated as having received an application for
[page
23:
line
35
]
registration
in the register from the person by virtue of section
10A(2)
(completed Northern Ireland canvass form treated as
application),
or

(d)

the person notified the officer that the person—

(i)

intends to make an application for registration in the
[page
23:
line
40
]
register,

[
p
age
24
]
(ii)

wishes to be registered in a register of electors with an
anonymous
entry (see section 9B), or

(iii)

wishes to be registered in a register of electors in
pursuance
of a declaration of local connection, a service
[page
24:
line
5
]
declaration
or an overseas elector’s declaration.

(4)

In
subsection (3)
—

(a)

the reference in
paragraph (a)
to notification that a person does
not
wish to be registered under this section includes notification
which
indicates that without referring to this section;

[page
24:
line
10
]
(b)

the references in
paragraph (d)
(ii)
and
(iii)
to a register of
electors
include a register of electors prepared for the purposes
of
local elections (as defined in
section 130
(1)
of the
Electoral
Law
Act (Northern Ireland) 1962
(c. 14 (N.I.)).

12B

Notice of duty to register under
section 12A

[page
24:
line
15
]
(1)

A registration officer must give a notice to a person, in relation to a
relevant
register maintained by the officer, if—

(a)

the officer is aware of the person’s name and address,

(b)

the person is not registered in the register, and

(c)

the person appears to the officer to be of voting age and
[page
24:
line
20
]
entitled
to be registered in the register.

(2)

Subsection (1)
does not apply where—

(a)

the record kept under
section 12D
shows that the person does
not
wish to be registered in the register under
section 12A
,

(b)

the officer has received an application for registration in the
[page
24:
line
25
]
register
made by someone who appears to the officer to be the
person
and the application has not yet been determined,

(c)

the officer is treated as having received an application for
registration
in the register from the person by virtue of section
10A(2)
(completed Northern Ireland canvass form treated as
[page
24:
line
30
]
application)
and the application has not yet been determined,
or

(d)

the officer has reason to believe that the person—

(i)

intends to make an application for registration in the
register,

[page
24:
line
35
]
(ii)

wishes to be registered in a register of electors with an
anonymous
entry (see section 9B), or

(iii)

wishes to be registered in a register of electors in
pursuance
of a declaration of local connection, a service
declaration
or an overseas elector’s declaration.

[page
24:
line
40
]
(3)

The notice under
subsection (1)
must—

(a)

be given in writing,

[
p
age
25
]
(b)

state that the registration officer has a duty to register people
who
appear to the officer to be of voting age and entitled to
be
registered in the register,

(c)

provide information about the exceptions to that duty (see
[page
25:
line
5
]
section
12A
(3)
),

(d)

specify a period (beginning with the day on which the notice
is
given) for the person to respond to the notice (“the response
period”),

(e)

explain the effect if, during the response period, the person
[page
25:
line
10
]
confirms
that they wish to be registered under section
12A
(see
section
12A
(1)
(e)
), and

(f)

provide information about making an application for
registration
in a relevant register, including information about
making
an application—

[page
25:
line
15
]
(i)

with an application for an anonymous entry under
section
9B(1)(a), or

(ii)

in pursuance of a declaration of local connection, a
service
declaration or an overseas elector’s declaration.

(4)

The notice may relate to more than one register maintained by the
[page
25:
line
20
]
registration
officer.

(5)

Regulations may make provision about notices under
subsection (1)
.

(6)

Regulations under
subsection (5)
may, among other things, make
provision
about—

(a)

the form of the notice;

[page
25:
line
25
]
(b)

how the notice is given;

(c)

the length of the response period;

(d)

additional information that must be included in the notice.

(7)

In this section, “relevant register” has the same meaning as in
section
12A
.

[page
25:
line
30
]
(8)

For the purposes of
subsection (1)
(c)
, whether a person is entitled to
be
registered in a register at a given time is to be determined as if,
for
the purposes of section 4, that time were the relevant date.

(9)

The references in
subsection (2)
(d)
(ii)
and
(iii)
to a register of electors
include
a register of electors prepared for the purposes of local elections
[page
25:
line
35
]
(as
defined in
section 130(1)
of the
Electoral Law Act (Northern Ireland)
1962
(c. 14 (N.I.)).

12C

Notice of person not being registered under
section 12A

(1)

A registration officer must give a notice to a person where the officer—

(a)

has given the person a notice in accordance with
section 12B
(1)

[page
25:
line
40
]
in
relation to a relevant register maintained by the officer, but

[
p
age
26
]
(b)

is not required to register the person in the register under
section
12A
because (and only because) the condition in
section
12A
(1)
(c)
is not satisfied.

(2)

The officer must give the notice under
subsection (1)
as soon as
[page
26:
line
5
]
reasonably
practicable after the response period specified in the notice
referred
to in
subsection (1)
(a)
ends.

(3)

The notice under
subsection (1)
must be given in writing.

(4)

Regulations may make provision about notices under
subsection (1)
.

(5)

The regulations may, among other things, make provision about—

[page
26:
line
10
]
(a)

the form of the notice;

(b)

how the notice is given;

(c)

information that must be included in the notice.

(6)

In this section, “relevant register” has the same meaning as in
section
12A
.

[page
26:
line
15
]
12D

Record of notices under
section 12B
(1)
etc

(1)

A registration officer must keep a record of notices given under
section
12B
(1)
in respect of registration in a register for the time being
maintained
by the officer.

(2)

The record required under
subsection (1)
must contain the following
[page
26:
line
20
]
information
in relation to each notice—

(a)

the name of the person to whom the notice was sent,

(b)

the address to which the notice was sent,

(c)

the date on which the response period specified in the notice
ended,

[page
26:
line
25
]
(d)

the register to which the notice related,

(e)

whether the person was registered in the register under
section
12A
,

(f)

if the person was not registered, the reason for that, and

(g)

if a notice was given to the person under
section 12C
, the fact
[page
26:
line
30
]
that
it was given and the address to which it was sent.

(3)

The record required under
subsection (1)
may contain other information
that
the registration officer considers relevant for the purposes of the
officer’s
duties under
sections 12A
,
12B
and
12C
.

(4)

Subsection (1)
does not require the registration officer to keep a record
[page
26:
line
35
]
in
relation to a notice under
section 12B
(1)
after the end of the period
of
5 years beginning with the day after the last day of the response
period
specified in the notice.

(5)

A registration officer must also keep a record of notifications received
from
a person which—

[
p
age
27
]
(a)

are received by the officer, or a predecessor of the officer,
otherwise
than in response to a notice under section
12B
(1)
,

(b)

include the person’s name and address, and

(c)

indicate that the person does not wish to be registered under
[page
27:
line
5
]
section
12A
in a register for the time being maintained by the
officer.

(6)

The record required under
subsection (5)
must contain the following
information
in relation to each notification—

(a)

the name of the person who gave the notification,

[page
27:
line
10
]
(b)

that person’s address,

(c)

the date on which the notification was received, and

(d)

the register to which the notification related.

(7)

The record required under
subsection (5)
may contain other information
that
the registration officer considers relevant for the purposes of the
[page
27:
line
15
]
officer’s
duties under
sections 12A
and
12B
.

(8)

Subsection (5)
does not require the registration officer to keep a record
in
relation to a notification after the end of the period of 5 years
beginning
with the day on which the notification was received.

(9)

The reference in
subsection (5)
to a notification indicating that a person
[page
27:
line
20
]
does
not wish to be registered under section
12A
includes a notification
which
indicates that without referring to section
12A
.

(10)

A registration officer complies with
subsections (1)
and
(5)
if the officer
takes
all reasonable steps to keep the required records.
”

(2)

In
Part 1
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989

[page
27:
line
25
]
(provisions
of RPA 1983 applied), in the entry beginning “Sections 9”, after
“10B,”
insert “
12A
,
12B
,
12C
,
12D
,”.

18

Alteration of registers without an application

(1)

In
RPA 1983
, after section
12D
(inserted by section
17
of this Act) insert—

“
12E

Duty to alter entries in certain registers without an application

[page
27:
line
30
]
(1)

A registration officer must alter a person’s entry in a relevant register
maintained
by the officer if—

(a)

the officer is aware that the person’s name or address (or both)
is
no longer the one in respect of which the person is registered,

(b)

the person appears to the officer to be of voting age and
[page
27:
line
35
]
entitled
to be registered in the register in respect of the new
name
or the new address (as the case may be),

(c)

the officer has given the person a notice in accordance with
section
12F
(1)
in relation to the register, and

(d)

either (or both) of the following applies—

[page
27:
line
40
]
(i)

the response period specified in the notice (in
accordance
with
section 12F
(3)
(d)
) has ended;

[
p
age
28
]
(ii)

during that period, the person confirmed to the officer
that
the person wishes the alteration specified in the
notice
to be made under this section.

(2)

In this section, “relevant register” means a register of electors other
[page
28:
line
5
]
than—

(a)

a register of local government electors for an area in Wales;

(b)

a register of local government electors for an area in Scotland.

(3)

Subsection (1)
does not apply if, during the response period specified
in
the notice referred to in
subsection (1)
(c)
—

[page
28:
line
10
]
(a)

the person notified the officer that the person does not wish
the
alteration specified in the notice to be made under this
section,

(b)

the person notified the officer that the person intends to make
an
application for the alteration to be made (see sections 10ZD
[page
28:
line
15
]
and
10A(4)),

(c)

the officer received an application requesting the alteration
made
by someone who appears to the officer to be the person,

(d)

the person notified the officer that the person wishes to make
an
application for registration in a register of electors—

[page
28:
line
20
]
(i)

with an application for an anonymous entry under
section
9B(1)(a), or

(ii)

in pursuance of a declaration of local connection, a
service
declaration or an overseas elector’s declaration,
or

[page
28:
line
25
]
(e)

the officer received an application for registration described in
paragraph
(d)
made by someone who appears to the officer to
be
the person.

(4)

In
subsection (3)
—

(a)

the reference in
paragraph (a)
to notification that a person does
[page
28:
line
30
]
not
wish an alteration to be made under this section includes
notification
which indicates that without referring to this
section;

(b)

the reference in
paragraph (d)
to a register of electors includes
a
register of electors prepared for the purposes of local elections
[page
28:
line
35
]
(as
defined in
section 130(1)
of the
Electoral Law Act (Northern
Ireland)
1962
(c. 14 (N.I.)).

12F

Notice of duty to alter entries under
section 12E

(1)

A registration officer must give a notice to a person, in relation to a
relevant
register maintained by the officer, if—

[page
28:
line
40
]
(a)

the officer is aware that the person’s name or address (or both)
is
no longer the one in respect of which the person is registered,
and

(b)

the person appears to the officer to be—

[
p
age
29
]
(i)

of voting age, and

(ii)

entitled to be registered in the register in respect of the
new
name or the new address (or both).

(2)

Subsection (1)
does not apply where—

[page
29:
line
5
]
(a)

the record kept under
section 12H
shows that the person does
not
wish an alteration reflecting the new name or address to
be
made under
section 12E
,

(b)

the officer has reason to believe that the person intends to make
an
application requesting the alteration (see sections 10ZD and
[page
29:
line
10
]
10A(4)),

(c)

the officer has received an application described in
paragraph
(b)
from someone who appears to the officer to be the person
and
the application has not yet been determined,

(d)

the person has—

[page
29:
line
15
]
(i)

an anonymous entry in the register, or

(ii)

an entry in the register made in pursuance of a
declaration
of local connection, a service declaration or
an
overseas elector’s declaration,

(e)

the officer has reason to believe that the person intends to make
[page
29:
line
20
]
an
application for registration in a register of electors—

(i)

with an application for an anonymous entry under
section
9B(1)(a), or

(ii)

in pursuance of a declaration of local connection, a
service
declaration or an overseas elector’s declaration,
[page
29:
line
25
]
or

(f)

the officer has received an application for registration described
in

paragraph (e)
from someone who appears to the officer to
be
the person and the application has not yet been determined.

(3)

The notice under
subsection (1)
must—

[page
29:
line
30
]
(a)

be given in writing,

(b)

state that the registration officer has a duty to alter a person’s
name
or address in the register where the officer is aware that
it
has changed and the person appears to the officer to be—

(i)

of voting age, and

[page
29:
line
35
]
(ii)

entitled to be registered in the register in respect of the
new
name or the new address (or both),

(c)

provide information about the exceptions to that duty (see
section
12E
(3)
),

(d)

specify a period (beginning with the day on which the notice
[page
29:
line
40
]
is
given) for the person to respond to the notice (“the response
period”),

(e)

explain the effect if, during the response period, the person
confirms
that they wish the alteration specified in the notice
to
be made under
section 12E
(see
section 12E
(1)
(d)
),

[
p
age
30
]
(f)

provide information about making an application for alteration
under
section 10ZD or 10A(4) (as appropriate), and

(g)

provide information about making an application for
registration
in a relevant register—

[page
30:
line
5
]
(i)

with an application for an anonymous entry under
section
9B(1)(a), or

(ii)

in pursuance of a declaration of local connection, a
service
declaration or an overseas elector’s declaration.

(4)

The notice may relate to more than one register maintained by the
[page
30:
line
10
]
registration
officer.

(5)

Regulations may make provision about notices under
subsection (1)
.

(6)

Regulations under
subsection (5)
may, among other things, make
provision
about—

(a)

the form of the notice;

[page
30:
line
15
]
(b)

how the notice is given;

(c)

the length of the response period;

(d)

additional information that must be included in the notice.

(7)

In this section, “relevant register” has the same meaning as in section
12E
.

[page
30:
line
20
]
(8)

The reference in
subsection (2)
(e)
to a register of electors includes a
register
of electors prepared for the purposes of local elections (as
defined
in
section 130(1)
of the
Electoral Law Act (Northern Ireland)
1962
(c. 14 (N.I.)).

12G

Notice of entry in register not being altered under
section 12E

[page
30:
line
25
]
(1)

A registration officer must give a notice to a person where the officer—

(a)

has given the person a notice in accordance with
section 12F
(1)

in
relation to a relevant register maintained by the officer, but

(b)

is not required to alter the person’s entry in the register under
section
12E
because (and only because) the condition in
section
[page
30:
line
30
]
12E
(1)
(b)
is not satisfied.

(2)

The officer must give the notice under
subsection (1)
as soon as
reasonably
practicable after the response period specified in the notice
referred
to in
subsection (1)
(a)
ends.

(3)

The notice under
subsection (1)
must be given in writing.

[page
30:
line
35
]
(4)

Regulations may make provision about notices under
subsection (1)
.

(5)

The regulations may, among other things, make provision about—

(a)

the form of the notice;

(b)

how the notice is given;

(c)

information that must be included in the notice.

[
p
age
31
]
(6)

In this section, “relevant register” has the same meaning as in
section
12E
.

12H

Record of notices under
section 12F
(1)
etc

(1)

A registration officer must keep a record of notices given under
section
[page
31:
line
5
]
12F
(1)
in respect of the alteration of an entry in a register for the time
being
maintained by the officer.

(2)

The record required under
subsection (1)
must contain the following
information
in relation to each notice—

(a)

the name of the person to whom the notice was sent,

[page
31:
line
10
]
(b)

the address to which the notice was sent,

(c)

the date on which the response period specified in the notice
ended,

(d)

the register to which the notice related,

(e)

whether the notice related to alteration of the person’s name
[page
31:
line
15
]
or
address (or both),

(f)

whether the person’s entry in the register was altered under
section
12E
,

(g)

if the alteration was not made, the reason for that, and

(h)

if a notice was given to the person under
section 12G
, the fact
[page
31:
line
20
]
that
it was given and the address to which it was sent.

(3)

The record required under
subsection (1)
may contain other information
that
the registration officer considers relevant for the purposes of the
officer’s
duties under
sections 12E
,
12F
and
12G
.

(4)

Subsection (1)
does not require the registration officer to keep a record
[page
31:
line
25
]
in
relation to a notice under
section 12F
(1)
after the end of the period
of
5 years beginning with the day after the last day of the response
period
specified in the notice.

(5)

A registration officer must also keep a record of notifications from a
person
which—

[page
31:
line
30
]
(a)

are received by the officer, or a predecessor of the officer,
otherwise
than in response to a notice under
section 12F
(1)
,

(b)

include the person’s name and address, and

(c)

indicate that the person does not wish a particular alteration
or
type of alteration, or alterations generally, to the person’s
[page
31:
line
35
]
entry
in a register for the time being maintained by the officer
to
be made under
section 12E
.

(6)

The record kept under
subsection (5)
must contain the following
information
in relation to each notification—

(a)

the name of the person who gave the notification,

[page
31:
line
40
]
(b)

the person’s address,

(c)

the date on which the notification was received,

(d)

the register to which the notification related, and

[
p
age
32
]
(e)

whether the notification related to alteration of the person’s
name
or address (or both).

(7)

The record kept under
subsection (5)
may contain other information
that
the registration officer considers relevant for the purposes of the
[page
32:
line
5
]
officer’s
duties under
sections 12E
and
12F
.

(8)

Subsection (5)
does not require the registration officer to keep a record
in
relation to a notification after the end of the period of 5 years
beginning
with the day on which the notification was received.

(9)

The reference in
subsection (5)
to a notification indicating that a person
[page
32:
line
10
]
does
not wish an alteration or alterations to be made under
section
12E
includes a notification which indicates that without referring to
section
12E
.

(10)

A registration officer complies with
subsections (1)
and
(5)
if the officer
takes
all reasonable steps to keep the required records.
”

[page
32:
line
15
]
(2)

In
Part 1
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989

(provisions
of RPA 1983 applied), in the entry beginning “Sections 9”, before
“13,”
insert “
12E
,
12F
,
12G
,
12H
,”.

19

Registration etc without an applicationfurther provision

Schedule
2
makes further provision in connection with
sections 17
and
18
.

[page
32:
line
20
]
Piloting
changes to the voter registration process

20

Power to pilot changes to the voter registration process

(1)

The Secretary of State may by regulations make voter registration provision
(see

section 21
) in connection with—

(a)

a register of parliamentary electors maintained under
section 9
of
RPA
[page
32:
line
25
]
1983
;

(b)

a register of local government electors or local electors maintained
under

that section
for an area in England or Northern Ireland.

(2)

Regulations under
this section
(“pilot regulations”) must be made so as to
have
effect only for a specified period.

[page
32:
line
30
]
(3)

Pilot regulations may extend a period specified under
subsection (2)
on one
or
more occasions.

(4)

Pilot regulations must specify—

(a)

the objective or objectives of the provisions contained in the
regulations,
and

[page
32:
line
35
]
(b)

the date before which the Electoral Commission must report on the
regulations
and the objective or objectives (see
section 24
) (“the report
date”).

[
p
age
33
]
(5)

Where the period for which pilot regulations have effect is extended under
subsection
(3)
, pilot regulations may change the report date for the regulations
to
a later date.

21

Voter registration provision

[page
33:
line
5
]
(1)

This section
is about what is meant in
section 20
by “voter registration
provision”
in connection with a register.

(2)

It means provision setting out or modifying a process for—

(a)

registering individuals in the register, or

(b)

altering or removing entries in the register.

[page
33:
line
10
]
(3)

It includes provision relating to—

(a)

the identification of individuals who are not registered in the register
but
who are entitled to be registered,

(b)

the identification of individuals who are registered in the register but
who
are not entitled to be registered,

[page
33:
line
15
]
(c)

the identification of changes relevant to entries in the register, and

(d)

the maintenance of registers.

(4)

It includes provision relating to registration in the register, or the alteration

of
entries in the register, with or without the individual concerned making
an
application or taking other steps.

[page
33:
line
20
]
(5)

It includes provision relating to—

(a)

the form of the register;

(b)

the procedure to be followed in the preparation of the register;

(c)

the publication of the register.

(6)

It includes provision—

[page
33:
line
25
]
(a)

which is made for the purpose of testing how the changes made by
sections
17
to
19
and
Schedule 2
work in practice, and

(b)

the effect of which corresponds to the effect of those changes or to
the
effect of provision that could be made by regulations by virtue of
those
sections or that Schedule.

[page
33:
line
30
]
(7)

It includes provision the effect of which corresponds to the effect of provision
that
could be made by regulations by virtue of
paragraph 1
or
1A
of
Schedule
2
to
RPA 1983
as amended by
section 36
of this Act (information to assist
registration
officers).

22

Further powers and restrictions

[page
33:
line
35
]
(1)

Pilot regulations may make provision which applies only—

(a)

in one or more specified areas,

(b)

in relation to a specified register or a register of a specified description,
or

(c)

in relation to individuals of a specified description,

[
p
age
34
]
as
well as provision whose application is not limited in those ways.

(2)

Pilot regulations may not make provision applying to an area without the
consent
of the registration officer for the area or (as appropriate) each person
who
is the registration officer for a part of the area, except where—

[page
34:
line
5
]
(a)

the application of the pilot regulations is not limited to a particular
area
or areas, or

(b)

the Secretary of State—

(i)

considers that it is appropriate to make the provision without
the
consent of the registration officer (or, as appropriate, each
[page
34:
line
10
]
registration
officer), and

(ii)

has made a written statement to that effect.

(3)

Pilot regulations may—

(a)

make provision for the imposition of a financial penalty;

(b)

disapply provision about financial penalties in other enactments;

[page
34:
line
15
]
(c)

alter such provision, but not by increasing the amount of a penalty.

(4)

Pilot regulations may create an offence that is punishable—

(a)

on summary conviction in England and Wales, by imprisonment for
a
term not exceeding the maximum term for summary offences or a
fine
(or both);

[page
34:
line
20
]
(b)

on summary conviction in Scotland, by imprisonment for a term not
exceeding
12 months or a fine not exceeding level 5 on the standard
scale
(or both);

(c)

on summary conviction in Northern Ireland, by imprisonment for a
term
not exceeding six months or a fine not exceeding level 5 on the
[page
34:
line
25
]
standard
scale (or both).

(5)

Pilot regulations may disapply or alter provision about offences in other
enactments
but may not—

(a)

increase the penalty for a summary offence so that it exceeds the
penalty
described in
subsection (4)
, or

[page
34:
line
30
]
(b)

increase the penalty for an offence triable either way or an indictable
offence.

(6)

Pilot regulations made in reliance on
subsection (3)
,
(4)
or
(5)
may not provide
that
an individual who fails to take steps to register, or to alter their entry in
a
register, is subject to a financial penalty or commits an offence.

[page
34:
line
35
]
(7)

Pilot regulations may—

(a)

disapply an enactment or provide for an enactment to apply with
modifications;

(b)

make different provision for different purposes or different areas;

(c)

make consequential, supplementary, incidental, transitional or saving
[page
34:
line
40
]
provision;

(d)

be replaced by further pilot regulations, which may make provision
that
was made, or that has the same effect as provision made, in the
pilot
regulations being replaced or other pilot regulations.

[
p
age
35
]
(8)

In
this section
—

“
enactment
”
means an enactment whenever passed or made and
includes—

(a)

an enactment comprised in subordinate legislation (as defined
[page
35:
line
5
]
in

section 21
of the
Interpretation Act 1978
);

(b)

an enactment comprised in, or in an instrument made under,
Northern
Ireland legislation;

“
the
maximum term for summary offences”
means—

(a)

if the offence is committed before the time when
section 281
(5)

[page
35:
line
10
]
of
the
Criminal Justice Act 2003
comes into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

23

Parliamentary procedure

(1)

Pilot regulations are to be made by statutory instrument.

(2)

A statutory instrument containing (whether alone or with other provision)
[page
35:
line
15
]
pilot
regulations may not be made unless a draft of the instrument has been
laid
before and approved by a resolution of each House of Parliament, subject
to

subsection (3)
.

(3)

A statutory instrument containing pilot regulations which make only—

(a)

provision under
section 20
(3)
extending the specified period for not
[page
35:
line
20
]
more
than 12 months, or

(b)

provision under
section 20
(5)
(changing the date for the Electoral
Commission
to report),

(or
both) is subject to annulment in pursuance of a resolution of either House
of
Parliament.

[page
35:
line
25
]
(4)

Where the Secretary of State is required to make a statement under
section
22
(2)
(b)
in connection with pilot regulations, the Secretary of State must lay
the
statement before Parliament—

(a)

where
subsection (2)
applies, when the draft statutory instrument is
laid
before Parliament, and

[page
35:
line
30
]
(b)

where
subsection (3)
applies, without delay after the regulations are
made.

24

Electoral Commission report

(1)

The Electoral Commission must, before the report date specified in pilot
regulations—

[page
35:
line
35
]
(a)

prepare a report on the regulations,

(b)

give a copy of the report to the Secretary of State, and

(c)

give a copy of the report to each person who is the registration officer
for,
or for a part of, an area to which the regulations apply.

(2)

The report must contain—

[page
35:
line
40
]
(a)

a description of the provisions of the regulations,

[
p
age
36
]
(b)

an assessment of the extent to which the objective or (if more than
one)
each objective of the regulations was met in the area or areas to
which
the regulations apply immediately before the period specified
under

section 20
(2)
,

[page
36:
line
5
]
(c)

an assessment of the extent to which that objective or (if more than
one)
each of those objectives was met in the area or areas to which
the
regulations apply during the period specified under
section 20
(2)

(including,
where relevant, that period as extended under
section
20
(3)
), and

[page
36:
line
10
]
(d)

an assessment of whether the changes made by the regulations are a
cost-effective
means of achieving that objective or (if more than one)
each
of those objectives.

(3)

The Secretary of State must publish the report.

(4)

A registration officer must comply with a request made by the Electoral
[page
36:
line
15
]
Commission
for information that it reasonably requires in connection with
the
preparation of a report under
this section
.

25

Interpretation of sections 20 to 24

In

sections 20
to
24
—

“
pilot
regulations”
has the meaning given in
section 20
(2)
;

“
[page
36:
line
20
]
registration
officer”
has the same meaning as in
RPA 1983
(see section
8
of that Act);

“
report
date”
has the meaning given in
section 20
(4)
(b)
;

“
specified
”
means specified in pilot regulations.

Northern
Ireland canvass

[page
36:
line
25
]
26

Power to amend the canvass in Northern Ireland

(1)

The Secretary of State may by regulations make provision in connection with
the
conduct of a canvass in Northern Ireland.

(2)

When making regulations under
this section
, the Secretary of State must have
regard
to the Northern Ireland registration objectives.

[page
36:
line
30
]
(3)

The power under
this section
—

(a)

includes power to modify
section 10
of
RPA 1983
or any other
enactment
relating to a canvass under
that section
, but

(b)

does not include power to abolish the Chief Electoral Officer for
Northern
Ireland’s duty to conduct a canvass.

[page
36:
line
35
]
(4)

Regulations under this section may make provision about, among other
things—

(a)

how a canvass must be conducted;

(b)

when a canvass must take place;

[
p
age
37
]
(c)

the alteration, following a canvass, of registers maintained by the Chief
Electoral
Officer for Northern Ireland.

(5)

Regulations under
this section
may confer power on the Secretary of State to
make
subordinate legislation and, if they do so, must provide—

[page
37:
line
5
]
(a)

that the subordinate legislation is to be made by statutory instrument,
and

(b)

that the instrument may not be made unless a draft of it has been laid
before
and approved by a resolution of each House of Parliament.

(6)

Regulations under
this section
may—

[page
37:
line
10
]
(a)

make consequential, supplementary, incidental, transitional or saving
provision;

(b)

modify an enactment (whenever passed or made);

(c)

make provision applying generally or only for particular purposes or
areas;

[page
37:
line
15
]
(d)

make different provision for different purposes or areas.

(7)

Before making regulations under
this section
, the Secretary of State must
consult
the Electoral Commission.

(8)

Regulations under
this section
are to be made by statutory instrument.

(9)

A statutory instrument containing (whether alone or with other provision)
[page
37:
line
20
]
regulations
under
this section
may not be made unless a draft of the
instrument
has been laid before and approved by a resolution of each House
of
Parliament.

(10)

In
this section
and sections
27
to
29
—

“
enactment
”
includes—

[page
37:
line
25
]
(a)

an enactment comprised in subordinate legislation;

(b)

an enactment comprised in, or in an instrument made under,
Northern
Ireland legislation;

“
modify
”
includes amend, repeal or revoke;

“
the
Northern Ireland registration objectives”
means the relevant
[page
37:
line
30
]
registration
objectives set out in
section 10ZB
of
RPA 1983
;

“
subordinate
legislation”
has the same meaning as in the
Interpretation
Act
1978
(see section 21 of that Act).

27

Electoral Commission report on proposals under section 26

(1)

Where the Secretary of State consults the Electoral Commission under
section
[page
37:
line
35
]
26
(7)
about a proposal to make regulations under
that section
, the Commission
must
prepare a report assessing—

(a)

the extent to which the Northern Ireland registration objectives are
met,

(b)

the extent to which the regulations would assist the Chief Electoral
[page
37:
line
40
]
Officer
for Northern Ireland to meet those objectives, and

[
p
age
38
]
(c)

the merits of alternative ways of assisting the Chief Electoral Officer
to
meet those objectives.

(2)

Where a proposal is to make provision only for a particular purpose or area,
the
Electoral Commission’s report under
subsection (1)
is only required to
[page
38:
line
5
]
relate
to that purpose or area.

(3)

The Electoral Commission must give a copy of the report to the Secretary of
State
before the date specified by the Secretary of State.

(4)

The date specified under
subsection (3)
must be after the end of the period
of
3 months beginning with the day on which the Secretary of State consults
[page
38:
line
10
]
the
Commission.

(5)

When a draft of a statutory instrument containing regulations under
section
26
is laid before Parliament, it must be accompanied by a report from the
Electoral
Commission under
this section
.

28

Power to pilot proposals under section 26

[page
38:
line
15
]
(1)

Regulations under
section 26
may be made so as to have effect only for a
period
specified in the regulations (and regulations which do so are referred
to
in
this section
and
section 29
as “pilot regulations”).

(2)

The provision that may be made in pilot regulations by virtue of
section
26
(6)
(a)
includes provision in connection with the expiry of the specified
[page
38:
line
20
]
period.

(3)

Pilot regulations may be replaced by further pilot regulations, which may
make
provision that was made, or that has the same effect as provision made,
in
the pilot regulations being replaced or other pilot regulations.

(4)

Pilot regulations must specify the date before which the Electoral Commission
[page
38:
line
25
]
must
report on the regulations under
section 29
.

(5)

Sections 26
(7)
and
27
(consultation with, and report by, the Electoral
Commission
on proposed regulations) do not apply in relation to pilot
regulations.

29

Electoral Commission report on pilot regulations

[page
38:
line
30
]
(1)

If pilot regulations are made, the Electoral Commission must—

(a)

prepare a report on the pilot regulations, and

(b)

before the date specified under
section 28
(4)
, give a copy of the report
to
the Secretary of State and to the Chief Electoral Officer for Northern
Ireland.

[page
38:
line
35
]
(2)

The Electoral Commission’s report must contain—

(a)

a description of the pilot regulations,

(b)

an assessment of the extent to which the Northern Ireland registration
objectives
were met immediately before the beginning of the period
for
which the pilot regulations have effect, and

[
p
age
39
]
(c)

an assessment of the extent to which those objectives were met during
that
period.

(3)

Where pilot regulations make provision only for a particular purpose or area,
the
Electoral Commission’s assessments under
subsection (2)
(b)
and
(c)
are
[page
39:
line
5
]
only
required to relate to that purpose or area.

(4)

The Secretary of State must publish the Electoral Commission’s report.

Other
provision about registration

30

Local connection and service declarations ceasing to have effect

(1)

RPA 1983
is amended as follows.

[page
39:
line
10
]
(2)

In
section 7C
(effect of declaration of local connection)—

(a)

in
subsection (2)
, after
paragraph (ab)
insert—

“
(aba)

the registration officer determines in accordance with
regulations
made by the appropriate national authority
that—

[page
39:
line
15
]
(i)

the person is no longer a person who could
make
a declaration under section 7B, or

(ii)

the person no longer falls into the category of
person
to whom section 7B applies which is
specified
in the declaration.
”
;

[page
39:
line
20
]
(b)

after subsection (3) insert—

“
(3A)

A registration officer must give a notice to a person where—

(a)

the person’s entitlement to remain registered in a
register
maintained by the officer terminates by virtue
of
subsection (2)(c), and

[page
39:
line
25
]
(b)

the officer removes the person’s entry from the register.

(3B)

A notice under
subsection (3A)
must—

(a)

be in writing,

(b)

be given as soon as reasonably practicable after the
officer
removes the person’s entry from the register,

[page
39:
line
30
]
(c)

state that the registration officer has done so,

(d)

state the reason for doing that, and

(e)

provide information about making an application for
registration
in the register in pursuance of a further
declaration
of local connection.
”
;

[page
39:
line
35
]
(c)

after
subsection (4)
insert—

“
(5)

“The appropriate national authority” means—

(a)

in the case of a declaration of local connection having
effect
for the purposes of a person’s registration in a
register
of local government electors in Wales, the Welsh
[page
39:
line
40
]
Ministers;

[
p
age
40
]
(b)

in the case of a declaration of local connection having
effect
for the purposes of a person’s registration in a
register
of local government electors in Scotland, the
Scottish
Ministers;

[page
40:
line
5
]
(c)

in the case of a declaration of local connection having
effect
for any other purpose, the Secretary of State.

(6)

Regulations made by the Welsh Ministers under this section
are
subject to the Senedd approval procedure (see
section 37C

of
the
Legislation (Wales) Act 2019
(anaw 4)).

[page
40:
line
10
]
(7)

Regulations made by the Scottish Ministers under this section
are
subject to the affirmative procedure (see
section 29
of the
Interpretation
and Legislative Reform (Scotland) Act 2010
(asp
10)).
”

(3)

In section 15 (service declaration), after subsection (3) insert—

“
[page
40:
line
15
]
(3ZA)

A registration officer must give a notice to a person where—

(a)

the person’s entitlement to remain registered in a register
maintained
by the officer terminates by virtue of subsection
(2)(c),
and

(b)

the officer removes the person’s entry from the register.

[page
40:
line
20
]
(3ZB)

A notice under
subsection (3ZA)
must—

(a)

be in writing,

(b)

be given as soon as reasonably practicable after the officer
removes
the person’s entry from the register,

(c)

state that the registration officer has done so,

[page
40:
line
25
]
(d)

state the reason for doing that, and

(e)

provide information about making an application for
registration
in the register in pursuance of a further service
declaration.
”

(4)

In
section 201
(regulations)—

[page
40:
line
30
]
(a)

in subsection (1) omit from “and except” to the end;

(b)

after
subsection (1)
insert—

“
(1A)

Regulations made by the Secretary of State or the Welsh
Ministers
under this Act are to be made by statutory
instrument,
except in the case of regulations under section
[page
40:
line
35
]
29(8).

(1B)

For regulations made by the Scottish Ministers, see
section 27

of
the
Interpretation and Legislative Reform (Scotland) Act
2010
(asp 10) (Scottish statutory instruments).
”
;

(c)

in
subsection (3)
, for the words from “Secretary” to “them),” substitute
[page
40:
line
40
]
“person
making the regulations”.

[
p
age
41
]
31

Seniority of electoral registration officers

(1)

RPA 1983
is amended as follows.

(2)

Section 8
(registration officers) is amended as set out in
subsections (3)
to
(6)
.

(3)

In
subsection (2)
(registration officers appointed by councils in England)—

[page
41:
line
5
]
(a)

in
paragraph (a)
, for “an officer” substitute “a senior officer”;

(b)

in
paragraph (b)
, for “an officer” substitute “a senior officer”.

(4)

After
subsection (2)
insert—

“
(2ZA)

In subsection (2), “senior officer” means—

(a)

the council’s head of paid service designated under
section 4

[page
41:
line
10
]
of
the
Local Government and Housing Act 1989
;

(b)

the council’s monitoring officer designated under
section 5
of
that
Act
;

(c)

a statutory chief officer of the council (as defined in
section
2
(6)
of
that Act
).
”

[page
41:
line
15
]
(5)

In
subsection (2A)
(registration officers appointed by councils in Wales), for
“an
officer” substitute “a senior officer”.

(6)

After
subsection (2A)
insert—

“
(2B)

In subsection (2A), “senior officer” means—

(a)

the council’s chief executive appointed under
section 54
of the
[page
41:
line
20
]
Local
Government and Elections (Wales) Act 2021
(asc 1);

(b)

the council’s head of democratic services designated under
section
8
of the
Local Government (Wales) Measure 2011
(nawm
4);

(c)

the council’s monitoring officer designated under
section 5
of
[page
41:
line
25
]
the

Local Government and Housing Act 1989
;

(d)

a statutory chief officer of the council (as defined in
section
2
(6)
of
that Act
)
.
”

(7)

In
section 203
(local government provisions as to England and Wales), in
subsection
(4)
(Isles of Scilly), in
paragraph (a)
, for “an officer of the council”
[page
41:
line
30
]
substitute
“a senior officer of the council (as defined in section 8
(2ZA)
)”.

32

Anonymous registration

(1)

RPA 1983
is amended as follows.

(2)

In
section 9
(registers of electors), after
subsection (4)
(electoral numbers)
insert—

“
[page
41:
line
35
]
(4A)

The duty under subsection (4) does not apply in connection with a
person’s
electoral number for the purposes of a register where—

(a)

the person has an anonymous entry in the register, and

(b)

the register is maintained by a registration officer in Great
Britain.
”

[
p
age
42
]
(3)

Section 9C
(removal of anonymous entry) is amended as set out in
subsections
(4)
and
(5)
.

(4)

In
subsection (1)
(removal of anonymous entries from registers in Great
Britain)—

[page
42:
line
5
]
(a)

in
paragraph (a)
, for the words from “12 months” to “effect” substitute
“three
years beginning with the date specified in subsection (1ZA)”;

(b)

in
paragraph (b)
, for “12 month” substitute “three year”.

(5)

After
subsection (1)
insert—

“
(1ZA)

For the purposes of subsection (1), the specified date is—

[page
42:
line
10
]
(a)

where the person’s anonymous entry is the result of an
application
under section 9B(1)(a), the date when the person’s
entry
in the register first takes effect; or

(b)

where the person’s anonymous entry is the result of an
application
under section 9B(1)(b), the date when the
[page
42:
line
15
]
registration
officer determines under section 9B(2) that the
safety
test is satisfied.
”

33

Pre-election applications for registration

(1)

RPA 1983
is amended as set out in
subsections (2)
to
(4)
.

(2)

In
section 13B
(alteration of registers in Great Britain: pending elections)—

[page
42:
line
20
]
(a)

after
subsection (3ZB)
insert—

“
(3ZC)

Subsection (3) does not require a registration officer to issue a
notice
under that subsection where —

(a)

section 13A applies to the registration officer (by virtue
of
section 13A(1)) in connection with a requirement
[page
42:
line
25
]
falling
within section 13A(1)(za) or (zb), and

(b)

the application referred to in section 10ZC(1)(a) or
10ZD(1)(a)
was received by the officer after 5 p.m. on
the
12th day before the date of the poll for the election.
”
;

(b)

in
subsection (6)
—

[page
42:
line
30
]
(i)

omit the “and” at the end of
paragraph (a)
;

(ii)

after
paragraph (b)
insert
“
; and

(c)

in subsection (1)(b), the words “of not more than
7
days” were omitted.
”

(3)

In
section 13BA
(alteration of registers in Northern Ireland: pending elections),
[page
42:
line
35
]
after

subsection (6B)
insert—

“
(6C)

Subsection (6) does not require the Chief Electoral Officer to issue a
notice
under that subsection where—

(a)

section 13A applies to the registration officer (by virtue of
section
13A(1)) in connection with a determination falling
[page
42:
line
40
]
within
section 13A(1)(a), and

[
p
age
43
]
(b)

the application for registration in Northern Ireland was received
by
the officer after 5 p.m. on the 12th day before the date of
the
poll for the election.
”

(4)

After
section 13BA
insert—

“
[page
43:
line
5
]
13BAA

Power to change applications deadlinepending elections

(1)

The appropriate national authority may by regulations—

(a)

amend section 13B so as to change the time and day for the
time
being specified in subsection
(3ZC)
(b)
of that section;

(b)

amend section 13BA so as to change the time and day for the
[page
43:
line
10
]
time
being specified in subsection
(6C)
(b)
of that section.

(2)

Before making regulations under this section, the appropriate national
authority
must consult the Electoral Commission.

(3)

“The appropriate national authority” means—

(a)

in the case of elections to Senedd Cymru and local government
[page
43:
line
15
]
elections
in Wales, the Welsh Ministers;

(b)

in the case of elections to the Scottish Parliament and local
government
elections in Scotland, the Scottish Ministers;

(c)

in the case of other elections, the Secretary of State.

(4)

Regulations made by the Scottish Ministers under this section are
[page
43:
line
20
]
subject
to the affirmative procedure (see
section 29
of the
Interpretation
and
Legislative Reform (Scotland) Act 2010
(asp 10)).

(5)

Regulations made by the Welsh Ministers under this section are subject
to
the Senedd approval procedure (see
section 37C
of the
Legislation
(Wales)
Act 2019
(anaw 4)).
”

[page
43:
line
25
]
(5)

In
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989

(application
and modification of RPA 1983)—

(a)

in
Part 1
(provisions applied), in the entry beginning “Sections 9,”
after
“13BA” insert “,
13BAA
”;

(b)

in
Part 2
(modifications), after
paragraph 8
insert—

“
[page
43:
line
30
]
8ZA

In
section 13BAA
(1)
(b)
, after “that section” insert “and amend
Part
2 of Schedule 1 to the Elected Authorities (Northern
Ireland)
Act 1989 so as to modify that time and day”.
”

34

Pre-election alteration of Northern Ireland registerssupporting evidence

(1)

RPA 1983
is amended as set out in
subsections (2)
to
(4)
.

[page
43:
line
35
]
(2)

In
section 13A
(alteration of registers), in
subsection (4)
, for “13BA(3), (6)”
substitute
“13BA(6)”.

(3)

In
section 13BA
(alteration of registers in Northern Ireland: pending
elections)—

(a)

in
subsection (1)
—

[
p
age
44
]
(i)

for “final nomination day” substitute “fifth day before the date
of
the poll”;

(ii)

omit from “unless” to the end;

(b)

omit
subsections (2)
to
(3B)
(alteration only if additional supporting
[page
44:
line
5
]
material
provided);

(c)

in
subsection (5)
(a)
, for “decision or determination falling within section
13A(1)(c)
or (d)” substitute “decision, determination or requirement
falling
within section 13A(1)(a), (b), (c) or (d)”;

(d)

in
subsection (5)
(b)
, for “decision or determination” substitute “decision,
[page
44:
line
10
]
determination
or requirement”;

(e)

in
subsection (6A)
, for “decision or determination” substitute “decision,
determination
or requirement”;

(f)

in
subsection (11)
omit “(3),”.

(4)

In
section 13BC
(alteration of registers: recall petition)—

[page
44:
line
15
]
(a)

in
subsection (2)
—

(i)

at the end of
paragraph (b)
insert “and”;

(ii)

at the end of
paragraph (c)
omit “and”;

(iii)

omit
paragraph (d)
(requirement to provide additional
supporting
material in Northern Ireland);

[page
44:
line
20
]
(b)

in
subsection (4)
, for “13BA(2) and (5)” substitute “13BA(5)”.

(5)

In
Schedule 2
to the
Recall of MPs Act 2015
(alteration of registers of
parliamentary
electors) omit
paragraph 6
(3)
and
(4)
(which amended section
13BA(2)
and (3) of RPA 1983).

(6)

In
section 7
of this Act, in
subsection (4)
, in the definition of “voters register”,
[page
44:
line
25
]
in
the words after
paragraph (c)
, for “13BA(3), (6)” substitute “13BA(6)”.

35

Electoral identity card issued in Northern Irelandmonth and year of birth

In

section 13C
of
RPA 1983
(electoral identity card: Northern Ireland), in
subsection
(4)
(a)
, for “date of birth” substitute “month and year of birth”.

36

Regulations as to registration etcinformation to assist registration officers

[page
44:
line
30
]
(1)

Schedule 2
to
RPA 1983
(provisions which may be contained in regulations
as
to registration etc) is amended as set out in
subsections (2)
to
(5)
.

(2)

In
paragraph 1
, in
sub-paragraph (4)
(inspection of documents)—

(a)

omit “to inspect”;

(b)

after “duties,” insert “to inspect or otherwise access (by any means)”;

[page
44:
line
35
]
(c)

after “make” insert “, or require an authority or person described in
paragraph
(a) or (b) to provide,”.

(3)

In
paragraph 1A
(disclosure of information)—

[
p
age
45
]
(a)

after
sub-paragraph (1B)
insert—

“
(1C)

Other provision authorising or requiring a person to disclose
information
to another person for the purpose of assisting
a
registration officer to carry out the officer’s functions.
”
;

[page
45:
line
5
]
(b)

in
sub-paragraph (2)
, after “(1)” insert “or
(1C)
”;

(c)

in
sub-paragraph (3)
, after “(1)” insert “,
(1C)
”.

(4)

In
paragraph 1B
(provision of information in connection with a canvass)—

(a)

in
sub-paragraph (1)
omit “in Great Britain”;

(b)

in
sub-paragraph (2)
omit “in Great Britain”;

[page
45:
line
10
]
(c)

in
sub-paragraph (3)
omit “in Great Britain”.

(5)

In
paragraph 3C
(provision for registration officer conducting canvass to take
steps
to obtain information)—

(a)

omit
sub-paragraph (1)
;

(b)

in
sub-paragraph (1A)
, in the words before
paragraph (a)
omit from
[page
45:
line
15
]
“for
the purposes” to the end of those words (but not the dash);

(c)

in
sub-paragraph (3)
omit “(1),”.

(6)

In
Part 1
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989

(application
of RPA 1983), in the entry beginning “Section 53 and, in Schedule
2”—

[page
45:
line
20
]
(a)

after “1A,” insert “1B,”;

(b)

after “3B,” insert “3C,”.

37

Edited registerelectors to opt in

(1)

In
Schedule 2
to
RPA 1983
(provisions which may be contained in regulations
as
to registration etc),
paragraph 10
(full and edited register of electors) is
[page
45:
line
25
]
amended
as follows.

(2)

In
sub-paragraph (1)
, for the words from “omits” to “excluded from” substitute
“includes
only the names and addresses of registered persons by whom
requests
have been made to have their names and addresses included in”.

(3)

Omit
sub-paragraph (1A)
.

[page
45:
line
30
]
(4)

Before
sub-paragraph (2)
insert—

“
(1B)

In sub-paragraph (1), “registered person” means a person who has
an
entry in the full register.

(1C)

Provision made under sub-paragraph (1) must provide that a request
may
not be made by a person—

[page
45:
line
35
]
(a)

who has not attained the age of 16, or

(b)

whose entry in the full register is an anonymous entry.
”

(5)

In
sub-paragraph (2)
—

(a)

in
paragraph (a)
omit “, or persons acting on behalf of such persons,”;

(b)

in
paragraph (b)
—

[
p
age
46
]
(i)

for “exclusion of their names and addresses from” substitute
“inclusion
of their names and addresses in”;

(ii)

omit “or on behalf of”.

Part
3

[page
46:
line
5
]
Conduct
of elections etc

Returning
officers

38

Provision of assistance by local authority officers to returning officers

In

section 24
of
RPA 1983
(returning officers: parliamentary elections in
England
and Wales), after
subsection (1A)
insert—

“
[page
46:
line
10
]
(1B)

Every local authority in England or Wales must place the services of
officers
employed by the authority at the disposal of the returning
officer
for a constituency wholly or partly situated in the authority’s
area
for the purpose of assisting the returning officer in the discharge
of
functions conferred on the returning officer in relation to a
[page
46:
line
15
]
parliamentary
election in that constituency.
”

39

Seniority of returning officers

(1)

RPA 1983
is amended as set out in
subsections (2)
and
(3)
.

(2)

In
section 25
(returning officers: parliamentary elections in Scotland), for
subsection
(1)
substitute—

“
[page
46:
line
20
]
(1A)

In relation to each constituency in Scotland, the relevant local authority
must
appoint a senior officer of the authority to be the returning officer
for
the constituency.

(1B)

In
subsection (1A)
, “the relevant local authority” means—

(a)

in the case of a constituency wholly situated in one local
[page
46:
line
25
]
government
area, the local authority for that area;

(b)

in the case of a constituency situated in more than one local
government
area, the local authority designated by the Secretary
of
State by order.

(1C)

In
subsection (1A)
, “senior officer” means—

[page
46:
line
30
]
(a)

the authority’s head of paid service designated under
section
4
of the
Local Government and Housing Act 1989
;

(b)

the authority’s monitoring officer designated under
section 5

of

that Act
;

(c)

a statutory chief officer of the authority (as defined in
section
[page
46:
line
35
]
2
(6)
of
that Act
).
”

(3)

In
section 35
(returning officers: local elections in England)—

(a)

in
subsection (1)
, for “an officer”, in each place it occurs, substitute “a
senior
officer”;

[
p
age
47
]
(b)

after
subsection (1)
insert—

“
(1ZA)

In subsection (1), “senior officer” means—

(a)

the council’s head of paid service designated under
section
4
of the
Local Government and Housing Act
[page
47:
line
5
]
1989
;

(b)

the council’s monitoring officer designated under
section
5
of
that Act
;

(c)

a statutory chief officer of the council (as defined in
section
2
(6)
of
that Act
)
.
”
;

[page
47:
line
10
]
(c)

in
subsection (2A)
, for “and (2C)” substitute “to
(2D)
”;

(d)

in
subsection (2C)
—

(i)

for the words before
paragraph (a)
substitute “The Greater
London
Authority must appoint a senior officer of the Authority
to
be the returning officer—”;

[page
47:
line
15
]
(ii)

omit the words after
paragraph (c)
;

(e)

after
subsection (2C)
insert—

“
(2D)

In subsection (2C), “senior officer” means—

(a)

the Authority’s head of paid service appointed under
section
72
of the
Greater London Authority Act 1999
;

[page
47:
line
20
]
(b)

the Authority’s monitoring officer appointed under
section
73
of
that Act
.
”
;

(f)

for
subsection (3)
substitute—

“
(3)

Every London borough council must appoint a senior officer
of
the council to be the returning officer for elections of
[page
47:
line
25
]
councillors
of the borough.
”
;

(g)

after
subsection (3)
insert—

“
(3ZA)

In
subsection (3)
, “senior officer” means—

(a)

the council’s head of paid service designated under
section
4
of the
Local Government and Housing Act
[page
47:
line
30
]
1989
;

(b)

the council’s monitoring officer designated under
section
5
of
that Act
;

(c)

a statutory chief officer of the council (as defined in
section
2
(6)
of
that Act
)
.
”

[page
47:
line
35
]
(4)

In the
Greater London Authority Act 1999
, in
section 29
, in the definition of
“Greater
London returning officer”, for “the proper officer of the Authority
for
the purposes of” substitute “appointed by the Authority as the returning
officer
under”.

[
p
age
48
]
Rules

40

Timing of proceedings for nominations

(1)

In rule 1 of
Schedule 1
to
RPA 1983
(parliamentary elections: timetable), the
Table
is amended as set out in
subsections (2)
to
(4)
.

[page
48:
line
5
]
(2)

For the entry relating to the delivery of nomination papers substitute—

“
Delivery
of
nomination

papers.

In
the case of a general election or a by-election, between
9
a.m. and 5 p.m. on any day of the nomination period
except
the last day of that period, and between 9 a.m.
and
12 noon on that last day.

[page
48:
line
10
]
For
these purposes, “the nomination period” means the
period
beginning with the day after the day on which
the
notice of election is published and ending with—

(a)

in relation to a general election, the sixth
day
after the day on which Parliament is
[page
48:
line
15
]
dissolved;

(b)

in relation to a by-election, the day fixed
by
the returning officer as the last day of
that
period, which must not be—

(i)

earlier than the third day after the
[page
48:
line
20
]
day
on which the notice of election
is
published, or

(ii)

later than the seventh day after the
day
on which the writ is received.

For
the purposes of
paragraph (b)
(ii)
of the definition of
[page
48:
line
25
]
“the
nomination period”, the writ is to be taken to have
been
received on the day after the date of the warrant
for
the writ.
”

(3)

In the entry relating to the making of objections to nomination papers—

(a)

for “during the hours allowed for delivery of nomination papers on
[page
48:
line
30
]
the
last day for their delivery and the hour following” substitute
“between
12 noon and 5 p.m. on the penultimate day for delivery of
nomination
papers, and between 9 a.m. and 1 p.m. on the last day for
their
delivery”;

(b)

for
paragraph (a)
(but not the “and” at the end) substitute—

“
[page
48:
line
35
]
(a)

no objection may be made between 12 noon and 1 p.m.
on
that last day except to a nomination paper delivered
on
that last day;
”
.

(4)

In the entry relating to the publication of a statement of persons nominated,
in

paragraph (a)
, for “at” substitute “not later than one hour after”.

[page
48:
line
40
]
(5)

Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) (local
government
elections in Northern Ireland) is amended as set out in
subsections
(6)
and
(7)
.

[
p
age
49
]
(6)

In rule 1 (timetable)—

(a)

in paragraph (2) (timetable for proceedings at an election in a local
election
year), in the Table, for the entry relating to the delivery of
nomination
papers substitute—

“
[page
49:
line
5
]
Delivery
of
nomination

papers.

Between
9 a.m. and 5 p.m. on any day of the
nomination
period except the last day of that
period,
and between 9 a.m. and 12 noon on that
last
day.

For
these purposes, “the nomination period” means
[page
49:
line
10
]
the
period beginning with the day after the day on
which
the notice of election is published and ending
with
the 16th day before election day.
”
;

(b)

in paragraph (3) (timetable for proceedings at an election to fill a casual
vacancy),
in the Table, for the entry relating to the delivery of
[page
49:
line
15
]
nomination
papers substitute—

“
Delivery
of
nomination

papers.

Between
9 a.m. and 5 p.m. on any day of the
nomination
period except the last day of that
period,
and between 9 a.m. and 12 noon on that
last
day.

[page
49:
line
20
]
For
these purposes, “the nomination period” means
the
period beginning with the day after the day on
which
the notice of election is published and ending
with
the 7th day after the day on which that notice
is
published.
”

[page
49:
line
25
]
(7)

In rule 63 (proceedings for election following death of a candidate), in
paragraph
(4), in the Table (timetable), for the entry relating to the delivery
of
nomination papers substitute—

“
Delivery
of
nomination

[page
49:
line
30
]
papers
(pursuant
to
paragraph (6)).

Between
9 a.m. and 5 p.m. on any day of the nomination
period
except the last day of that period, and between
9
a.m. and 12 noon on that last day.

For
these purposes, “the nomination period” means the
period
beginning with the day after the day on which
the
notice of election is published and ending with the
[page
49:
line
35
]
7th
day after the day on which that notice is published.
”

41

Identification of candidates at parliamentary elections

(1)

RPA 1983
is amended as follows.

(2)

Schedule 1
(parliamentary elections rules) is amended as set out in
subsections
(3)
to
(9)
.

[
p
age
50
]
(3)

In rule 6 (nomination of candidates), after paragraph (6) insert—

“
(7)

The nomination paper must also be accompanied by, or by copies
of,
prescribed documents that provide evidence of the candidate’s
identity
(and those documents and copies of documents, and any
[page
50:
line
5
]
copies
made in accordance with paragraph
(10)
, are together referred
to
in this Schedule as “identity evidence”).

(8)

In paragraph
(7)
, “prescribed” includes of a prescribed description.

(9)

Provision in paragraph (1) about delivery of the nomination paper
applies
also to the identity evidence.

[page
50:
line
10
]
(10)

Where the identity evidence delivered to the returning officer
consists
of or includes an original document, the returning officer
must—

(a)

make a copy of the original document (or arrange for a copy
to
be made), and

[page
50:
line
15
]
(b)

return the original document to the person who delivered
it.
”

(4)

In rule 8 (consent to nomination), in paragraph (2)—

(a)

for “a telegram” substitute “an email”;

(b)

for “consenting to his nomination and purporting” substitute “received
[page
50:
line
20
]
by
the returning officer which consents to the person’s nomination
and
purports”.

(5)

After rule 8 insert—

“
Declaration
of truth

8A

—

(1)
A person is not validly nominated unless the person makes a
[page
50:
line
25
]
declaration
that—

(a)

the person is aware of the offences in section 65A (offences
relating
to false statements in nomination papers etc.), and

(b)

the documents mentioned in paragraph
(2)
do not contain
any
statement or information which the person knows to be
[page
50:
line
30
]
false
in any particular, or anything which would otherwise
give
rise to such an offence,

and
such a declaration is referred to in this Schedule as a
“declaration
of truth”.

(2)

The documents are the following documents as delivered to the
[page
50:
line
35
]
returning
officer—

(a)

the person’s nomination paper;

(b)

the person’s home address form;

(c)

the person’s consent to nomination (see rule 8).

(3)

The declaration of truth must be—

[page
50:
line
40
]
(a)

in the prescribed form,

(b)

signed by the person, and

[
p
age
51
]
(c)

delivered at the place and within the time for delivery of
nomination
papers,

subject
to paragraphs
(4)
and
(5)
.

(4)

Paragraph
(5)
applies if the returning officer is satisfied that, owing
[page
51:
line
5
]
to
the absence of a person from the United Kingdom, it has not
been
reasonably practicable for the person to make a declaration of
truth
that complies with paragraph
(3)
.

(5)

An email (or any similar means of communication) received by the
returning
officer which—

[page
51:
line
10
]
(a)

contains a declaration of truth which purports to have been
made
by the person, and

(b)

purports to have been sent by the person,

is
to be deemed for the purposes of this rule to be a declaration of
truth
that complies with paragraph
(3)
made by the person on the
[page
51:
line
15
]
day
on which the email (or other means of communication) purports
to
have been sent.
”

(6)

In rule 11 (right to attend nomination), after paragraph (5) insert—

“
(6)

The returning officer may not permit a candidate’s identity evidence
to
be inspected otherwise than for a purpose authorised by law.
”

[page
51:
line
20
]
(7)

In rule 12 (decisions as to validity of nomination papers)—

(a)

before paragraph (1) insert—

“
(A1)

Where a nomination paper and the documents mentioned
in
paragraph (A2) are delivered, and a deposit is made, in
accordance
with these rules, the candidate is deemed to stand
[page
51:
line
25
]
nominated
unless and until one of the events mentioned in
paragraph
(1) occurs.

(A2)

The documents are—

(a)

the home address form;

(b)

the identity evidence;

[page
51:
line
30
]
(c)

the candidate’s consent to nomination (see rule 8);

(d)

the declaration of truth.
”
;

(b)

in paragraph (1)—

(i)

for the words before
sub-paragraph (a)
substitute “The events
are
as follows—”;

[page
51:
line
35
]
(ii)

after
paragraph (aa)
insert—

“
(ab)

the returning officer decides that there is a
discrepancy
between the candidate’s full names
as
stated on the nomination paper and the
candidate’s
name as stated in the identity
[page
51:
line
40
]
evidence
that cannot be resolved to the returning
officer’s
satisfaction (including, where
appropriate,
by production of further proof of
the
candidate’s identity); or

[
p
age
52
]
(ac)

the returning officer decides that there is another
reason
(arising from a document delivered to
the
returning officer by or on behalf of the
candidate)
to doubt that the candidate is who
[page
52:
line
5
]
they
claim to be; or
”
.

(8)

In the italic heading before rule 53A (destruction of home address forms), at
the
end insert “and identity evidence”.

(9)

In rule 53A—

(a)

the existing text becomes paragraph (1);

[page
52:
line
10
]
(b)

in
that paragraph
, in the words before
sub-paragraph (a)
, for “each
candidate’s
home address form” substitute “the documents mentioned
in
paragraph (2)”;

(c)

after
that paragraph
insert—

“
(2)

The documents are—

[page
52:
line
15
]
(a)

each candidate’s home address form, and

(b)

each candidate’s identity evidence (except for any
original
documents).
”

(10)

In
section 201
(regulations), in
subsection (2AA)
(c)
(inserted by
paragraph
9
(2)
of
Schedule 5
to this Act), after “8(1)(a) and (2),” insert “
8A
(3)
(a)
,”.

[page
52:
line
20
]
42

Identification of candidates at local elections in Northern Ireland

(1)

Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) (local
elections
rules) is amended as follows.

(2)

In rule 5 (nomination of candidates)—

(a)

in paragraph (9), in the words before paragraph (a), for “In this rule”
[page
52:
line
25
]
substitute
“In paragraph (7)”;

(b)

after paragraph (9) insert—

“
(10)

The nomination paper must be accompanied by, or by copies
of,
specified documents that provide evidence of the
candidate’s
identity (and those documents and copies of
[page
52:
line
30
]
documents,
and any copies made in accordance with
paragraph

(13)
, are together referred to in this Schedule as
“identity
evidence”).

(11)

In paragraph
(10)
“specified” means specified, or of a
description
specified, by Order in Council under
section
[page
52:
line
35
]
84
(1)
of the
Northern Ireland Act 1998
.

(12)

The provisions in paragraph (1) about delivery of the
nomination
paper also apply to delivery of the identity
evidence.

(13)

Where the identity evidence delivered to the returning officer
[page
52:
line
40
]
consists
of or includes an original document, the returning
officer
must—

[
p
age
53
]
(a)

make a copy of the original document (or arrange
for
a copy to be made), and

(b)

return the original document to the person who
delivered
it.
”

[page
53:
line
5
]
(3)

After rule 7 insert—

“
Declaration
of truth

7A

—

(1)
A person is not validly nominated unless the person makes a
declaration
that—

(a)

the person is aware of the offences in paragraph 5A of
[page
53:
line
10
]
Schedule
9 (offences relating to false statements in
nomination
papers, etc.), and

(b)

the documents mentioned in paragraph
(2)
do not contain
any
statement or information which the person knows to be
false
in any particular, or anything which would otherwise
[page
53:
line
15
]
give
rise to such an offence,

and
such a declaration is referred to in this Schedule as a
“declaration
of truth”.

(2)

The documents are the following documents as delivered to the
returning
officer—

[page
53:
line
20
]
(a)

the person’s nomination paper;

(b)

the person’s home address form;

(c)

the person’s consent to nomination (see rule 7).

(3)

The declaration of truth must be—

(a)

in the prescribed form,

[page
53:
line
25
]
(b)

signed by the person, and

(c)

delivered at the place and within the time for the delivery
of
nomination papers.
”

(4)

In rule 9 (right to attend nomination), after paragraph (6) insert—

“
(7)

The returning officer may not permit a candidate’s identity evidence
[page
53:
line
30
]
to
be inspected otherwise than for a purpose authorised by law.
”

(5)

In rule 10 (decisions as to validity of nomination papers)—

(a)

before paragraph (1) insert—

“
(A1)

Where a nomination paper and the documents mentioned
in
paragraph (A2) are delivered in accordance with these
[page
53:
line
35
]
rules,
the candidate is deemed to stand nominated unless
and
until one of the events mentioned in paragraph (1)
occurs.

(A2)

The documents are—

(a)

the home address form;

[page
53:
line
40
]
(b)

the identity evidence;

(c)

the candidate’s consent to nomination (see rule 7);

[
p
age
54
]
(d)

the declaration of truth.
”
;

(b)

in paragraph (1)—

(i)

for the words before
sub-paragraph (a)
substitute “The events
are
as follows—”;

[page
54:
line
5
]
(ii)

after sub-paragraph (aa) insert—

“
(ab)

the returning officer decides that there is a
discrepancy
between the candidate’s full names
as
stated on the nomination paper and the
candidate’s
name as stated in the identity
[page
54:
line
10
]
evidence
that cannot be resolved to the returning
officer’s
satisfaction (including, where
appropriate,
by production of further proof of
the
candidate’s identity); or

(ac)

the returning officer decides that there is another
[page
54:
line
15
]
reason
(arising from a document delivered to
the
returning officer by or on behalf of the
candidate)
to doubt that the candidate is who
they
claim to be; or
”
.

(6)

In the italic heading before rule 56A (destruction of home address forms and
[page
54:
line
20
]
date
of birth lists), after “forms” insert “, identity evidence”.

(7)

In rule 56A, in paragraph (1A), after sub-paragraph (a) insert—

“
(aa)

each candidate’s identity evidence (except for any original
documents);
”
.

43

Withdrawal of certificates authorising candidate descriptions

[page
54:
line
25
]
(1)

Schedule 1
to
RPA 1983
(parliamentary elections rules) is amended as set out
in

subsections (2)
to
(4)
.

(2)

In rule 1 (timetable), in the Table, in the entry relating to delivery of notices

of
withdrawals of candidature, for “withdrawals of candidature” substitute
“withdrawal
by candidates”.

[page
54:
line
30
]
(3)

In rule 6A (nomination papersname of registered political party)—

(a)

in paragraph (1)(a), after “party” insert “(and not withdrawn)”;

(b)

in paragraph (1B)—

(i)

in the words before
sub-paragraph (a)
, for “a certificate”
substitute
“certificates”;

[page
54:
line
35
]
(ii)

in
sub-paragraph (a)
, after “parties” insert “(and not
withdrawn)”;

(c)

after paragraph (1C) insert—

“
(1D)

A certificate that meets the requirements in paragraph (1)
or
(1B) may be withdrawn only by written notice to the
[page
54:
line
40
]
returning
officer.

(1E)

A notice under paragraph
(1D)
must be—

[
p
age
55
]
(a)

given by or on behalf of the registered nominating
officer
of the party in relation to which the certificate
was
issued, and

(b)

received by the returning officer not later than 48
[page
55:
line
5
]
hours
before the end of the period for delivery of
nomination
papers set out in the Table in rule 1.

(1F)

As soon as practicable after receiving a notice under
paragraph

(1D)
, the returning officer must inform the
following
persons that the certificate has been withdrawn—

[page
55:
line
10
]
(a)

the candidate;

(b)

where the certificate authorises a description of the
candidate
as mentioned in paragraph (1B), each
registered
nominating officer by or on behalf of
whom
another certificate authorising the same
[page
55:
line
15
]
description
was issued.
”
;

(d)

for paragraph (4) substitute—

“
(4)

Rule 2 applies in computing the periods of time mentioned
in
paragraphs (1E)(b) and (3)(a) as it applies in computing
any
period of time for the purposes of the Timetable.
”

[page
55:
line
20
]
(4)

In rule 12 (decisions as to validity of nomination papers)—

(a)

in paragraph (3), for “paragraph (3A)” substitute “paragraphs
(3ZA)

and
(3A)”;

(b)

after paragraph (3) insert—

“
(3ZA)

If in the returning officer’s opinion a nomination paper
[page
55:
line
25
]
breaks
rule 6A(1) or (1B) because a certificate issued under
the
provision in question has been withdrawn by notice
under
rule 6A
(1D)
(or for that reason and another reason),
the
returning officer must give a decision to that effect as
soon
as practicable after receiving the notice.
”
;

[page
55:
line
30
]
(c)

in paragraph (3A), in the words before
sub-paragraph (a)
, after “(1B)”
insert
“otherwise than as mentioned in paragraph
(3ZA)
”.

(5)

Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) (local
elections
rules) is amended as set out in
subsections (6)
to
(10)
.

(6)

In rule 1 (timetable)—

[page
55:
line
35
]
(a)

in paragraph (2) (timetable for proceedings at an election in a local
election
year), in the Table, in the entry relating to delivery of notices
of
withdrawal of candidature, for “of candidature” substitute “by
candidates”;

(b)

in paragraph (3) (timetable for proceedings at an election to fill a casual
[page
55:
line
40
]
vacancy),
in the Table, in the entry relating to delivery of notices of
withdrawal
of candidature, for “of candidature” substitute “by
candidates”.

(7)

In rule 5A (nomination papersname of registered political party)—

(a)

in paragraph (1)(a), after “party” insert “(and not withdrawn)”;

[
p
age
56
]
(b)

in paragraph (1B)—

(i)

in the words before
sub-paragraph (a)
, for “a certificate”
substitute
“certificates”;

(ii)

in
sub-paragraph (a)
, after “parties” insert “(and not
[page
56:
line
5
]
withdrawn)”;

(c)

after paragraph (1C) insert—

“
(1D)

A certificate that meets the requirements in paragraph (1)
or
(1B) may be withdrawn only by written notice to the
returning
officer.

[page
56:
line
10
]
(1E)

A notice under paragraph
(1D)
must be—

(a)

given by or on behalf of the registered nominating
officer
of the party in relation to which the certificate
was
issued, and

(b)

received by the returning officer not later than 48
[page
56:
line
15
]
hours
before the last time for the delivery of
nomination
papers.

(1F)

Rule 2 applies in computing a period of time for the purpose
of
paragraph
(1E)
(b)
as it applies in computing a period of
time
for the purpose of the appropriate Timetable.

[page
56:
line
20
]
(1G)

As soon as practicable after receiving a notice under
paragraph

(1D)
, the returning officer must inform the
following
persons that the certificate has been withdrawn—

(a)

the candidate;

(b)

where the certificate authorises a description of the
[page
56:
line
25
]
candidate
as mentioned in paragraph (1B), each
registered
nominating officer by or on behalf of
whom
another certificate authorising the same
description
was issued.
”

(8)

In rule 10 (decisions as to validity of nomination papers)—

[page
56:
line
30
]
(a)

in paragraph (3), for “paragraph (3A)” substitute “paragraphs
(3ZA)

and
(3A)”;

(b)

after paragraph (3) insert—

“
(3ZA)

If in the returning officer’s opinion a nomination paper
breaks
rule 5A(1) or (1B) because a certificate issued under
[page
56:
line
35
]
the
provision in question has been withdrawn by notice
under
rule 5A
(1D)
(or for that reason and another reason),
the
returning officer must give a decision to that effect as
soon
as practicable after receiving the notice.
”
;

(c)

in paragraph (3A), in the words before
sub-paragraph (a)
, after “(1B)”
[page
56:
line
40
]
insert
“otherwise than as mentioned in paragraph
(3ZA)
”.

(9)

In rule 62 (proceedings where deceased independent candidate’s votes are
equal
to or exceed quota), in paragraph (4), in the Table, in the entry relating
to
delivery of notices of withdrawal of candidature, for “of candidature”
substitute
“by candidates”.

[
p
age
57
]
(10)

In rule 63 (proceedings for election following death of a party candidate), in
paragraph
(4), in the Table, in the entry relating to delivery of notices of
withdrawal
of candidature, for “of candidature” substitute “by candidates”.

44

Subscription of nomination paper

[page
57:
line
5
]
(1)

In
Schedule 1
to
RPA 1983
(parliamentary elections rules), in rule 7
(subscription
of nomination paper)—

(a)

in paragraph (5)—

(i)

at the beginning insert “Except as mentioned in paragraph
(5A),”;

[page
57:
line
10
]
(ii)

omit from “, but” to the end;

(b)

after paragraph (5) insert—

“
(5A)

A person is not prevented from subscribing a nomination
paper
(“the new nomination paper”) by reason only that the
person
has previously subscribed the nomination paper (“the
[page
57:
line
15
]
original
nomination paper”) of a candidate who, before
delivery
of the new nomination paper—

(a)

has died,

(b)

has withdrawn, or

(c)

has ceased to be deemed to stand nominated by
[page
57:
line
20
]
reason
only of a decision by the returning officer
under
rule 12(1)(a) that the original nomination paper
breaks
rule 6A(1) or (1B) (and so is invalid).
”

(2)

In
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(local
elections rules), in rule 6 (subscription of nomination paper)—

[page
57:
line
25
]
(a)

in paragraph (5)—

(i)

at the beginning insert “Except as mentioned in paragraph
(5A),”;

(ii)

omit from “; but” to the end;

(b)

after paragraph (5) insert—

“
[page
57:
line
30
]
(5A)

A person is not prevented from subscribing a nomination
paper
(“the new nomination paper”) by reason only that the
person
has previously subscribed the nomination paper (“the
original
nomination paper”) of a candidate who, before
delivery
of the new nomination paper—

[page
57:
line
35
]
(a)

has died,

(b)

has withdrawn, or

(c)

has ceased to be deemed to stand nominated by
reason
only of a decision by the returning officer
under
rule 10(1)(a) that the original nomination paper
[page
57:
line
40
]
breaks
rule 5A(1) or (1B) (and so is invalid).
”

45

Police contact form

(1)

Schedule 1
to
RPA 1983
(parliamentary elections rules) is amended as follows.

[
p
age
58
]
(2)

After rule 7 insert—

“
Police
contact form: Great Britain

7A

—

(1)
In relation to an election in a constituency in England, Wales or
Scotland,
a nomination paper may be accompanied by a document
[page
58:
line
5
]
(a
“police contact form”) which includes—

(a)

the candidate’s full names,

(b)

where the nomination paper states commonly used names
in
accordance with rule 6(2A), those names,

(c)

a statement that the candidate wishes to be contacted by the
[page
58:
line
10
]
police
in connection with matters relating to the candidate’s
safety,
and

(d)

one or more of the following that may be used to contact
the
candidate—

(i)

a postal address;

[page
58:
line
15
]
(ii)

an email address;

(iii)

a telephone number.

(2)

Provision in rule 6(1) about delivery of the nomination paper applies
also
to a police contact form.

(3)

Paragraph
(4)
applies where—

[page
58:
line
20
]
(a)

a police contact form is delivered in accordance with this
rule
(and not withdrawn), and

(b)

the candidate is shown in the statement of persons nominated
as
a person standing nominated.

(4)

The returning officer must give a copy of the police contact form
[page
58:
line
25
]
to
the relevant chief officer of police (or, if there is more than one,
to
each such officer) as soon as practicable after publication of the
statement
of persons nominated.

(5)

For the purposes of paragraph
(4)
, the duty to give a copy of a
police
contact form to a chief officer of police is satisfied if the copy
[page
58:
line
30
]
is
given to a person nominated by the officer to receive police contact
forms
on the officer’s behalf.

(6)

In this rule, “relevant chief officer of police” means—

(a)

in relation to a constituency in England or Wales, the chief
officer
of police in relation to the police force maintained for
[page
58:
line
35
]
a
police area in which the constituency, or a part of it, is
situated;

(b)

in relation to a constituency in Scotland, the chief constable
of
the Police Service of Scotland.
”

(3)

In rule 11 (right to attend nomination), in paragraph (6) (inserted by
section
[page
58:
line
40
]
41
(6)
of this Act), after “identity evidence” insert “or a police contact form”.

[
p
age
59
]
46

Calling out and completed corresponding number lists etc

(1)

In rule 34 of
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c.
14
(N.I.)) (local elections rules: voting procedure and voter identification
requirements)—

[page
59:
line
5
]
(a)

in paragraph (1) omit
sub-paragraph (b)
(calling out);

(b)

in paragraph (1A) (inserted by
paragraph 1
(3)
of
Schedule 4
to the
Northern
Ireland (Miscellaneous Provisions) Act 2006
) omit
sub-paragraph
(a).

(2)

Schedule 1
to
RPA 1983
(parliamentary elections rules) is amended as set out
[page
59:
line
10
]
in

subsections (3)
and
(4)
.

(3)

In rule 37 (voting procedure and voter identification requirements), as it
extends
to Northern Ireland—

(a)

in paragraph (1) omit
sub-paragraph (b)
(calling out);

(b)

in paragraph (1ZA) omit
sub-paragraph (a)
.

[page
59:
line
15
]
(4)

In rule 43 (procedure on close of poll)—

(a)

in paragraph (1)(da) (completed corresponding number lists), for “rule
19A,
including the parts” substitute “rule 29(3)(e)”;

(b)

in paragraph (4) (application to Northern Ireland)—

(i)

omit the “and” at the end of
sub-paragraph (a)
;

[page
59:
line
20
]
(ii)

after
sub-paragraph (a)
insert—

“
(aa)

the reference in paragraph (1)(da) to rule 37(1)(b)
and
(d) were a reference to rule 37(1)(c) (as that
rule
extends to Northern Ireland), and
”
.

(5)

In
section 44
of the
Electoral Administration Act 2006
(access to certain election
[page
59:
line
25
]
documents:
supplementary)—

(a)

in
subsection (11)
(completed corresponding number lists), for “rule
19A”
substitute “rule 29(3)(e)”;

(b)

after
subsection (11)
insert—

“
(11A)

This section applies in relation to Northern Ireland as if—

[page
59:
line
30
]
(a)

the reference in subsection (8) to rule 37(1)(c) of the
parliamentary
elections rules were a reference to rule
37(1)(d)
of those rules (as that rule extends to Northern
Ireland),
and

(b)

the reference in subsection (11) to rule 37(1)(b) and (d)
[page
59:
line
35
]
of
those rules were a reference to rule 37(1)(c) of those
rules
(as that rule extends to Northern Ireland).
”

(6)

The amendments made by
subsections (4)
(a)
and
(5)
are to be treated as
always
having had effect.

[
p
age
60
]
47

Voter identification requirements

(1)

Rule 37 of
Schedule 1
to
RPA 1983
(parliamentary elections: voting procedure
and
voter identification requirements), as it extends to England and Wales
and
to Scotland, is amended as follows.

[page
60:
line
5
]
(2)

In paragraph (1H)—

(a)

in the words before
sub-paragraph (a)
—

(i)

after “paragraph (1K))” insert “and subject to paragraphs
(1HA)

to

(1HC)
”;

(ii)

omit “(in whatever form issued to the holder) that contain a
[page
60:
line
10
]
photograph
of the holder”;

(b)

at the end insert—

“
(m)

a payment card (see paragraph
(1JA)
) or a cash
withdrawal
card which—

(i)

is issued to the holder by a person who, at the
[page
60:
line
15
]
time
the card is issued, is a relevant
UK-authorised
person (see paragraph
(1JA)
),

(ii)

shows the holder’s first name or first initial and
the
holder’s surname, and

(iii)

shows when the card expires (see also paragraph
[page
60:
line
20
]
(1NA)
).
”

(3)

After paragraph (1H) insert—

“
(1HA)

A document referred to in paragraph (1H)(a) to (l) is a specified
document
only if it contains a photograph of the holder.

(1HB)

A document referred to in paragraph (1H) is a specified document
[page
60:
line
25
]
in
whatever form it is issued to the holder, except that a document
mentioned
in paragraph (1H)
(m)
is a specified document only if it
is
issued to the holder, and produced, in physical form.

(1HC)

A document referred to in paragraph (1H) that is issued to the
holder,
and produced, in digital form is a specified document only
[page
60:
line
30
]
if
a person can form a reasonable view about whether it is a
specified
document by means of visual inspection alone.
”

(4)

After paragraph (1J) insert—

“
(1JA)

In paragraph (1H)
(m)
—

“
payment
card”
includes a credit card, a charge card, a debit
[page
60:
line
35
]
card
and a prepaid card;

“
relevant
UK-authorised person”
means—

(a)

a person who has a Part 4A permission (as defined
in

section 55A
(5)
of the
Financial Services and
Markets
Act 2000
) to carry on the regulated activity
[page
60:
line
40
]
of
accepting deposits (see
section 22
of
that Act
, taken
with

Schedule 2
to
that Act
, and any order under
that
section
);

[
p
age
61
]
(b)

a person who is authorised or regulated under the
Electronic
Money Regulations 2011
(S.I. 2011/99) or
the

Payment Services Regulations 2017
(S.I.
2017/752).
”

[page
61:
line
5
]
(5)

In paragraph (1M), for “paragraph (1N)” substitute “paragraphs (1N) and
(1NA)
”.

(6)

After paragraph (1N) insert—

“
(1NA)

In relation to a card referred to in paragraph (1H)(m)—

(a)

paragraph (1M) does not apply, and

[page
61:
line
10
]
(b)

the card is a specified document only if it has not expired.
”

(7)

In paragraph (1Q)—

(a)

in the words before
sub-paragraph (a)
, for “paragraph (1H), (1I) or
(1J)”
substitute “this rule”;

(b)

in
sub-paragraph (a)
, for “any of those paragraphs” substitute
[page
61:
line
15
]
“paragraph
(1H)”;

(c)

in
sub-paragraph (b)
, for “any of those paragraphs” substitute “that
paragraph”;

(d)

in
sub-paragraph (c)
, for “any of those paragraphs” substitute “that
paragraph”;

[page
61:
line
20
]
(e)

after
sub-paragraph (c)
insert—

“
including
by varying or repealing paragraph (1I), (1J) or
(1JA)
or
adding,
varying or repealing other paragraphs containing definitions.
”

(8)

After paragraph (1Q) insert—

“
(1QA)

Regulations may vary this rule by making provision about—

[page
61:
line
25
]
(a)

whether a document must contain a photograph of the holder
in
order to be a specified document,

(b)

whether a document that is not required to contain a
photograph
of the holder in order to be a specified document
must
not have expired in order to be such a document,

[page
61:
line
30
]
(c)

whether a document must be issued to the holder, or
produced,
in a particular form in order to be a specified
document,
and

(d)

the means by which a person must be able to form a
reasonable
view about whether a document is a specified
[page
61:
line
35
]
document,

including
provision varying paragraph
(1HA)
,
(1HB)
or
(1HC)
,
varying or repealing paragraph
(1NA)
or adding, varying or
repealing
other paragraphs.
”

(9)

In paragraph (1R)—

[page
61:
line
40
]
(a)

for “provision by virtue of paragraph (1Q)(b)” substitute “the following
provision”;

[
p
age
62
]
(b)

at the end insert
“
—

(a)

provision described in paragraph (1Q)(b);

(b)

provision described in paragraph
(1QA)
(a)
or
(c)
the
effect
of which is that a document referred to in
[page
62:
line
5
]
paragraph
(1H) ceases to be a specified document.
”

Absent
voting

48

Absent voting

In

Schedule 3
—

(a)

Part 1
makes provision about voting by post or by proxy in Great
[page
62:
line
10
]
Britain;

(b)

Part 2
makes provision about voting by post or by proxy in Northern
Ireland;

(c)

Part 3
makes other provision relating to voting by post or by proxy,
including
provision about offences of providing false information.

[page
62:
line
15
]
Information
to help people understand elections etc

49

Power to obtain election-related information etc

(1)

The Secretary of State may by regulations require an officer specified in
section
50
to provide the Secretary of State or the Electoral Commission with
information
about an election, referendum or recall petition process specified
[page
62:
line
20
]
in

section 51
.

(2)

Regulations under
this section
may only require the provision of information
that
the Secretary of State or the Electoral Commission reasonably requires
for
the purpose of helping people to understand the election, referendum or
recall
petition process, including information about—

[page
62:
line
25
]
(a)

who is entitled to vote in the election or referendum or to sign the
recall
petition;

(b)

how, when and where to vote or to sign the recall petition;

(c)

the question to be decided, including the candidates at the election or
the
member of the House of Commons who is subject to the recall
[page
62:
line
30
]
petition;

(d)

the conduct of the election, referendum or recall petition process,
including
the timetable;

(e)

the support available for people with disabilities;

(f)

the result of the election, referendum or recall petition process.

[page
62:
line
35
]
(3)

Regulations under
this section
may not require the provision of information
about
individuals, other than information about candidates in elections or
about
members of the House of Commons who are subject to a recall petition.

(4)

Regulations under
this section
may, among other things—

[
p
age
63
]
(a)

make provision about the form and manner in which information
must
be provided;

(b)

make provision about when information must be provided;

(c)

make different provision for different purposes or different areas.

[page
63:
line
5
]
(5)

Regulations under
this section
are to be made by statutory instrument.

(6)

A statutory instrument containing regulations under
this section
is subject to
annulment
in pursuance of a resolution of either House of Parliament.

(7)

In
this section
and
sections 50
and
51
—

“
recall
petition”
has the same meaning as in the
Recall of MPs Act 2015

[page
63:
line
10
]
(see
section 1(2) of that Act);

“
recall
petition process”
means the process for dealing with a recall
petition.

50

Specified officers

(1)

The following officers are specified for the purposes of
section 49
in relation
[page
63:
line
15
]
to
information about an election—

(a)

a returning officer for the election;

(b)

an electoral registration officer maintaining a register under
section 9

of

RPA 1983
that is used to determine entitlement to vote in the
election.

[page
63:
line
20
]
(2)

The following officers are specified for the purposes of
section 49
in relation
to
information about a referendum—

(a)

a counting officer for the referendum;

(b)

an electoral registration officer maintaining a register under
section 9

of

RPA 1983
that is used to determine entitlement to vote in the
[page
63:
line
25
]
referendum.

(3)

The following officers are specified for the purposes of
section 49
in relation
to
information about a recall petition process—

(a)

a petition officer for the recall petition process;

(b)

an electoral registration officer maintaining a register under
section 9

[page
63:
line
30
]
of

RPA 1983
that is used to determine who is entitled to sign the recall
petition.

(4)

In
this section
, references to a returning officer, a counting officer or a petition
officer—

(a)

are references to an officer who, under an enactment, holds an office
[page
63:
line
35
]
with
that title or an officer with a title which includes those words
and
other words, and

(b)

include a person who, under an enactment or by virtue of an
appointment
made under an enactment, carries out some or all of the
functions
of such an officer.

[page
63:
line
40
]
(5)

In
this section
,
“enactment”
includes an enactment comprised in subordinate
legislation
(as defined in
section 21
of the
Interpretation Act 1978
).

[
p
age
64
]
51

Specified elections etc

(1)

The following elections are specified for the purposes of
section 49
—

(a)

a parliamentary election for a constituency in England, Wales or
Scotland;

[page
64:
line
5
]
(b)

a local government election within the meaning of
section 203
of
RPA
1983
for an area in England;

(c)

an election under
Part 1A
of the
Local Government Act 2000
(local
authority
governance: England) for the return of an elected mayor;

(d)

an election for the return of a mayor for the area of a combined
[page
64:
line
10
]
authority
established under
section 103
of the
Local Democracy,
Economic
Development and Construction Act 2009
;

(e)

an election for the return of a mayor for the area of a combined county
authority
established under
section 9
(1)
of the
Levelling-up and
Regeneration
Act 2023
;

[page
64:
line
15
]
(f)

an election of a police and crime commissioner.

(2)

A referendum under or by virtue of the following provisions is specified for
the
purposes of
section 49
—

(a)

Chapter 4
of
Part 1A
of the
Local Government Act 2000
(local authority
governance:
England);

[page
64:
line
20
]
(b)

section 52ZG
or
52ZN
of the
Local Government Finance Act 1992

(referendums
in relation to council tax);

(c)

Schedule 4B
or
4C
to the
Town and Country Planning Act 1990

(referendums
on neighbourhood development plans).

(3)

A recall petition process relating to a member of the House of Commons for
[page
64:
line
25
]
a
constituency in England, Wales or Scotland is specified for the purposes of
section
49
.

Other
provision about the conduct of elections etc

52

Effect of the death of the Sovereign on certain elections and referendums

Schedule
4
makes provision about the effect of the death of the Sovereign on
[page
64:
line
30
]
certain
elections and referendums.

53

Form of documents for elections and referendums

(1)

The following are repealed—

(a)

the Appendix of Forms in
Schedule 5
to the
Electoral Law Act
(Northern
Ireland) 1962
(c. 14 (N.I.)) (local elections rules);

[page
64:
line
35
]
(b)

section 126
of, and
Schedule 10
to,
that Act
(forms);

(c)

the Appendix of Forms in
Schedule 1
to
RPA 1983
(parliamentary
elections
rules).

(2)

Schedule 5
—

[
p
age
65
]
(a)

makes provision for the form of the documents in the Appendices and
Schedule
repealed by
subsection (1)
to be set out instead in subordinate
legislation;

(b)

confers powers to specify the form of other documents for elections
[page
65:
line
5
]
in
subordinate legislation;

(c)

makes provision requiring consultation with the Electoral Commission
about
subordinate legislation setting out the form of documents for
elections
and referendums;

(d)

makes provision about scrutiny by Parliament of such subordinate
[page
65:
line
10
]
legislation;

(e)

makes provision enabling regulations and rules under certain Acts
which
are normally subject to annulment in pursuance of a resolution
of
either House of Parliament to be made instead in an instrument
which
must be laid before and approved by a resolution of each House.

[page
65:
line
15
]
Part
4

Campaigns
and political expenditure

The
election agent

54

Removal of requirement to publish election agents’ addresses

(1)

RPA 1983
is amended as set out in
subsections (2)
and
(3)
.

[page
65:
line
20
]
(2)

In
section 67
(appointment of election agent)—

(a)

in
subsection (6)
—

(i)

omit “, unless subsection (6ZA) applies”;

(ii)

at the end insert “(but see
subsections (6ZC)
,
(6ZD)
and (6A))”;

(b)

omit
subsections (6ZA)
and
(6ZB)
;

[page
65:
line
25
]
(c)

before
subsection (6A)
insert—

“
(6ZC)

Subsection (6ZD)
applies where a declaration under subsection
(1)
or (4) in relation to an election agent of a candidate at a
parliamentary
election or at a local government election in
England
or Scotland is accompanied by—

[page
65:
line
30
]
(a)

an address (a “correspondence address”) in the United
Kingdom
that may be used for correspondence with
the
election agent, and

(b)

a request that a public notice under subsection (6) in
relation
to the declaration includes the correspondence
[page
65:
line
35
]
address
instead of the address stated in the declaration.

(6ZD)

In such a case—

(a)

the address stated in the declaration must not be
included
in the public notice, and

(b)

the correspondence address must be included in the
[page
65:
line
40
]
public
notice.
”

[
p
age
66
]
(3)

In
section 68
(nomination of sub-agent at parliamentary or Authority
elections)—

(a)

in
subsection (3)
—

(i)

omit “, unless subsection (3A) applies”;

[page
66:
line
5
]
(ii)

at the end insert “(but see
subsections (6)
and
(7)
)”;

(b)

omit
subsections (3A)
and
(3B)
;

(c)

in
subsection (4)
, in the words after
paragraph (b)
, at the end insert
“(but
see
subsections (6)
and
(7)
)”;

(d)

after
subsection (5)
insert—

“
[page
66:
line
10
]
(6)

Subsection (7)
applies where a declaration under subsection
(3)
or (4) is accompanied by—

(a)

an address (a “correspondence address”) in the United
Kingdom
that may be used for correspondence with
the
sub-agent, and

[page
66:
line
15
]
(b)

a request that a public notice under subsection (3) or
(4)
in relation to the declaration includes the
correspondence
address instead of the address stated
in
the declaration.

(7)

In such a case—

[page
66:
line
20
]
(a)

the address stated in the declaration must not be
included
in the public notice, and

(b)

the correspondence address must be included in the
public
notice.
”

(4)

In
section 34
of the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
[page
66:
line
25
]
(appointment
of election agent)—

(a)

in
subsection (5)
, at the end insert “(but see
subsections (6)
and
(7)
)”;

(b)

after
subsection (5)
insert—

“
(6)

Subsection (7)
applies where a declaration under subsection (1)
or
(4) is accompanied by—

[page
66:
line
30
]
(a)

an address (a “correspondence address”) in the United
Kingdom
that may be used for correspondence with the
election
agent, and

(b)

a request that a public notice under subsection (5) in relation
to
the declaration includes the correspondence address instead
[page
66:
line
35
]
of
the address stated in the declaration.

(7)

In such a case—

(a)

the address stated in the declaration must not be included in
the
public notice, and

(b)

the correspondence address must be included in the public
[page
66:
line
40
]
notice.
”

[
p
age
67
]
Campaign
expenses and returns

55

Leave to pay late and disputed expenses claims

Schedule
6
makes provision for the Electoral Commission, rather than the
courts,
to grant leave to pay late and disputed claims in respect of certain
[page
67:
line
5
]
expenses
and corrects a related typographical error.

56

Delivery and inspection of returns and declarations

(1)

Schedule 7
makes provision for, and in connection with, the delivery to the
Electoral
Commission of certain returns, declarations and associated documents
required
to be delivered under the
Electoral Law Act (Northern Ireland) 1962

[page
67:
line
10
]
(c.
14 (N.I.)),
RPA 1983
and the
Recall of MPs Act 2015
.

(2)

In
section 51
of the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(summary
of returns and notification of time and place for inspection of
returns
and declarations), for the words from “two” to “held,” substitute “such
manner
as the returning officer considers appropriate”.

[page
67:
line
15
]
(3)

In
section 88
of
RPA 1983
(notification of time and place for inspection of
returns
and declarations), in
paragraph (a)
, for the words from “not” to “held”
substitute
“such manner as the returning officer considers appropriate”.

57

Recall campaign donationstransfer of powers to prescribe content of returns

(1)

Schedule 5
to the
Recall of MPs Act 2015
(recall petition returns) is amended
[page
67:
line
20
]
as
set out in
subsections (2)
and
(3)
.

(2)

In
paragraph 3
(contents of return relating to accepted donations)—

(a)

in
sub-paragraph (1)
(a)
(iv)
(power to prescribe additional content), for
“Minister”
substitute “Electoral Commission”;

(b)

omit
sub-paragraph (3)
(duty of Minister to consult Commission on
[page
67:
line
25
]
regulations);

(c)

omit
sub-paragraph (4)
(regulations subject to negative procedure).

(3)

In
paragraph 4
(contents of return relating to rejected donations)—

(a)

in
sub-paragraphs (2)
(f)
and
(3)
(f)
(power to prescribe additional
content),
for “Minister” substitute “Electoral Commission”;

[page
67:
line
30
]
(b)

omit
sub-paragraph (4)
(duty of Minister to consult Commission on
regulations);

(c)

omit
sub-paragraph (5)
(regulations subject to negative procedure).

(4)

In
section 21
(2)
of the
Recall of MPs Act 2015
(certain regulations not to be
made
by statutory instrument)—

[page
67:
line
35
]
(a)

after “1(4)” insert “, 3(1)(a)(iv), 4(2)(f) or 4(3)(f)”;

(b)

after “form” insert “or content”.

[
p
age
68
]
Control
of political donations

58

Risk assessments for donations to registered parties etc

(1)

Part 4
of
PPERA 2000
(control of donations to registered parties and their
members
etc) is amended as set out in
subsections (2)
to
(9)
.

[page
68:
line
5
]
(2)

In
section 54
(permissible donors), after
subsection (1)
insert—

“
(1A)

A donation of an amount exceeding £11,180 received by a registered
party
must not be accepted by the party unless, before the end of the
period
of 30 days beginning with the date when the donation is
received
by the party, the party has undertaken a risk assessment in
[page
68:
line
10
]
relation
to the donation (see section 54C).

(1B)

For the purposes of
subsection (1A)
, a donation from a person is to
be
treated as a donation of an amount exceeding £11,180 if—

(a)

the party has not previously undertaken a risk assessment in
relation
to a relevant benefit accruing to the party in the same
[page
68:
line
15
]
calendar
year, and

(b)

when the value of the donation is added to any other relevant
benefit
or benefits accruing to the party in the same calendar
year,
the aggregate amount of the benefits is more than £11,180.

(1C)

For the purposes of subsection (1A), a donation from a person is also
[page
68:
line
20
]
to
be treated as a donation of an amount exceeding £11,180 if—

(a)

the party has previously undertaken a risk assessment in
relation
to a relevant benefit accruing to the party in the same
calendar
year (the “previous risk-assessed benefit”), and

(b)

when the value of the donation is added to any other relevant
[page
68:
line
25
]
benefit
or benefits accruing to the party in that calendar year
after
the previous risk-assessed benefit accrued to the party
(or,
if there has been more than one, the last such benefit), the
aggregate
amount of the benefits is more than £11,180.

(1D)

In subsections (1B) and (1C), “relevant benefit”, in relation to a person,
[page
68:
line
30
]
means—

(a)

a donation accepted by the party from that person as a donor,
or

(b)

a relevant transaction (within the meaning of Part 4A) entered
into
by the party and that person as a participant,

[page
68:
line
35
]
and
a relevant benefit accrues when it is accepted (if it is a donation)
or
entered into (if it is a transaction).
”

(3)

After
section 54B
insert—

“
54C

Risk assessments in relation to donations

(1)

A risk assessment under section 54
(1A)
is an assessment by the
[page
68:
line
40
]
registered
party of the risk that the donation would be made by a
person
other than a permissible donor.

[
p
age
69
]
(2)

In carrying out a risk assessment, the party must take into account
the
following risk factors—

(a)

the type of person from whom the donation is received,

(b)

that person’s previous donation history,

[page
69:
line
5
]
(c)

the type of donation,

(d)

the amount of the donation, and

(e)

any other risk factors the party considers to be relevant.

(3)

The Secretary of State may by regulations amend the risk factors set
out
in subsection
(2)
.

[page
69:
line
10
]
(4)

The Secretary of State may make such regulations either—

(a)

where the regulations give effect to a recommendation of the
Commission,
or

(b)

after consultation with the Commission.

(5)

In carrying out a risk assessment, the party must have regard to
[page
69:
line
15
]
guidance
in force under section 54D.

(6)

The party must retain for at least six years—

(a)

a record of each risk assessment that it undertakes, and

(b)

the information it used to undertake each assessment.

54D

Guidance on risk assessments

[page
69:
line
20
]
(1)

The Commission must prepare guidance on how to undertake a risk
assessment
under this Act.

(2)

The guidance must include guidance on—

(a)

how a person undertaking a risk assessment should take the
risk
factors into account,

[page
69:
line
25
]
(b)

the circumstances that might lead to a certain type or level of
risk,

(c)

how the risk might be reduced,

(d)

who should prepare the risk assessment and the procedures
to
be followed, and

[page
69:
line
30
]
(e)

the kinds of checks that may be carried out for the purposes
of
the risk assessment.

(3)

The Commission—

(a)

may prepare revised guidance under this section;

(b)

must prepare revised guidance if directed to do so by the
[page
69:
line
35
]
Secretary
of State.

(4)

The Commission must consult—

(a)

registered parties, and

(b)

such other persons as the Commission consider appropriate,

on
a draft of the guidance.

[
p
age
70
]
(5)

After the Commission have carried out the consultation required by
subsection

(4)
, they must—

(a)

make whatever modifications to the draft guidance they
consider
necessary in the light of responses to the consultation,
[page
70:
line
5
]
and

(b)

submit the draft to the Secretary of State for approval.

(6)

The Secretary of State must, before approving the draft guidance—

(a)

consult the Scottish Ministers in relation to any aspects of the
guidance
which relate to matters which would be within the
[page
70:
line
10
]
legislative
competence of the Scottish Parliament if they were
contained
in an Act of that Parliament;

(b)

consult the Welsh Ministers in relation to any aspects of the
guidance
which relate to matters which would be within the
legislative
competence of Senedd Cymru if they were contained
[page
70:
line
15
]
in
an Act of the Senedd.

(7)

The Secretary of State may approve the draft guidance either without
modifications
or with such modifications as the Secretary of State may
determine.

(8)

Once the Secretary of State has approved the draft guidance, the
[page
70:
line
20
]
Secretary
of State must lay before each House of Parliament—

(a)

a copy of the draft guidance (in its approved form), and

(b)

if the Secretary of State made modifications to the guidance, a
statement
of the reasons for making them.

(9)

If, before the end of the 40-day period, either House resolves not to
[page
70:
line
25
]
approve
the draft, the Secretary of State must take no further steps in
relation
to the draft guidance.

(10)

Subsection (9)
does not prevent new draft guidance from being laid
before
Parliament.

(11)

If no resolution of the kind mentioned in
subsection (9)
is made before
[page
70:
line
30
]
the
end of the 40-day period—

(a)

the Secretary of State must issue the guidance in the form of
the
draft laid before Parliament,

(b)

the Commission must arrange for the guidance to be published,
and

[page
70:
line
35
]
(c)

the guidance comes into force on the day appointed by
regulations
made by the Secretary of State.

(12)

In this section, “the 40-day period”, in relation to draft guidance,
means—

(a)

if the draft is laid before one House on a day later than the
[page
70:
line
40
]
day
on which it is laid before the other House, the period of
40
days beginning with the later of the two days, and

(b)

in any other case, the period of 40 days beginning with the
day
on which the draft is laid before each House,

[
p
age
71
]
no
account being taken of any period during which Parliament is
dissolved
or prorogued or during which both Houses are adjourned
for
more than four days.

(13)

In
subsections (4)
to
(12)
, references to guidance or to draft guidance
[page
71:
line
5
]
include
revised guidance or draft revised guidance.

(14)

Where the Commission revise guidance under this section without
changing
the substance of the guidance—

(a)

subsections (4)
to
(12)
do not apply in connection with the
revised
guidance,

[page
71:
line
10
]
(b)

the Commission must issue the revised guidance and arrange
for
it to be published in such manner as the Commission
consider
appropriate, and

(c)

the revised guidance comes into force on the day specified by
the
Commission in the revised guidance.
”

[page
71:
line
15
]
(4)

In
section 56
(acceptance or return of donations: general)—

(a)

in
subsection (2)
, in the words before
paragraph (a)
, after “54(1)” insert
“or
(1A)”;

(b)

in
subsection (3A)
, in the words before
paragraph (a)
, after “(3)” insert
“on
the grounds of a breach of section 54(1)(a)”.

[page
71:
line
20
]
(5)

In
section 58
(forfeiture of donations made by impermissible or unidentifiable
donors)—

(a)

in the heading, at the end insert “etc”;

(b)

in
subsection (1)
(a)
, after “(b)” insert “or (1A)”.

(6)

In
section 62
(quarterly donation reports), in
subsection (9)
, after “(b)” insert
[page
71:
line
25
]
“or
(1A)”.

(7)

In
section 66
(declaration by treasurer in donation report)—

(a)

in
subsection (2)
, before
paragraph (a)
insert—

“
(za)

the party has undertaken a risk assessment in relation
to
every donation accepted by the party during the
[page
71:
line
30
]
reporting
period for which such an assessment is
required
by section 54
(1A)
,
”
;

(b)

in
subsection (4)
, for the words from “, no donations” to the end
substitute

“
—

(a)

the party has undertaken a risk assessment in relation
[page
71:
line
35
]
to
every donation accepted by the party, or (if section
63(3)(b)
applies) by its central organisation, during the
reporting
period for which such an assessment is
required
by section 54
(1A)
, and

(b)

no donations have been received by the party, or (if
[page
71:
line
40
]
section
63(3)(b) applies) by its central organisation,
during
the reporting period which—

(i)

are required to be recorded in the report, but

(ii)

are not so recorded.
”

[
p
age
72
]
(8)

In section 69 (register of recordable donations), in subsection (2)(b), for “or
7(a)
or (c)” substitute “, 7(a) or (c) or 7A(a) or (c)”.

(9)

In
Schedule 6
(details to be given in donation reports), after
paragraph 7

insert—

“
[page
72:
line
5
]
Donations
where risk assessment not undertaken

7A

In relation to each recordable donation which a party is prohibited
from
accepting by virtue of section 54
(1A)
(risk assessment), a
quarterly
report must give—

(a)

the name and address of the donor or the person appearing
[page
72:
line
10
]
to
be the donor or, if the party is unable to ascertain the
identity
of that person, details of the manner in which the
donation
was made;

(b)

if applicable, details of any element of deception or
concealment
employed by the donor of which the registered
[page
72:
line
15
]
party
or any accounting unit of the party became aware and
the
means by which it was revealed; and

(c)

the date when, and the manner in which, the donation was
dealt
with in accordance with section 56(2).
”

(10)

In
section 156
of
PPERA 2000
(orders and regulations)—

[page
72:
line
20
]
(a)

in
subsection (3)
, before
paragraph (za)
insert—

“
(zza)

regulations under section
54D
(10)
(c)
;
”
;

(b)

in subsection (4ZA) (inserted by
section 60
(7)
of this Act), before
paragraph
(a) insert—

“
(za)

section 54C
(3)
;
”
.

[page
72:
line
25
]
(11)

Schedule 8
makes amendments corresponding to the amendments made by
this
section
, requiring risk assessments to be undertaken and declarations
about
such risk assessments to be made, in relation to—

(a)

donations to individuals and members associations,

(b)

loans to, and other restricted transactions with, registered parties,

[page
72:
line
30
]
(c)

loans to, and other restricted transactions with, individuals and
members
associations,

(d)

donations to recognised third parties,

(e)

donations to permitted participants in referendums,

(f)

donations to candidates at elections,

[page
72:
line
35
]
(g)

donations to accredited campaigners in recall petitions, and

(h)

donations to candidates in local elections in Northern Ireland.

59

Permissible donors not to include individuals under 16

(1)

In
section 54
of
PPERA 2000
(control of donations to registered parties:
permissible
donors), in
subsection (2)
(a)
, after “individual” insert “aged 16 or
[page
72:
line
40
]
over”.

[
p
age
73
]
(2)

In
Schedule 4
to the
Recall of MPs Act 2015
(control of donations to accredited
campaigners),
in
paragraph 6
(permissible donors), in
sub-paragraph (1)
(b)
,
after “individual” insert “aged 16 or over”.

60

Donations by companies and LLPs etc

[page
73:
line
5
]
(1)

Part 4
of
PPERA 2000
(control of donations to registered parties and their
members
etc) is amended as set out in
subsections (2)
to
(6)
.

(2)

In
section 54
(permissible donors)—

(a)

for
subsection (2)
(b)
substitute—

“
(b)

a company which (subject to subsections
(3ZA)
and
[page
73:
line
10
]
(3ZB)
)—

(i)

is registered under the
Companies Act 2006
,

(ii)

is incorporated in the United Kingdom,

(iii)

carries on business in the United Kingdom, and

(iv)

satisfies the significant control test for companies
[page
73:
line
15
]
in

section 54E
;
”
;

(b)

for
subsection (2)
(f)
substitute—

“
(f)

a limited liability partnership which (subject to
subsections

(3ZA)
and
(3ZB)
)—

(i)

is registered under the
Limited Liability
[page
73:
line
20
]
Partnerships
Act 2000
,

(ii)

carries on business in the United Kingdom, and

(iii)

satisfies the significant control test for limited
liability
partnerships in
section 54F
;
”
;

(c)

after
subsection (3)
insert—

“
[page
73:
line
25
]
(3ZA)

A person is not to be treated as a permissible donor in relation
to
a donation by virtue of subsection (2)(b) or (f) unless, at the
time
of the donation’s receipt by the party—

(a)

the amount of the person’s remaining available revenue,
calculated
in accordance with
section 54H
, is at least
[page
73:
line
30
]
equal
to the amount of the donation, and

(b)

the person satisfies the accounts filing obligation in
section
54I
.
”
;

(d)

after
subsection (3ZA)
(inserted by
paragraph (c)
) insert—

“
(3ZB)

Subsections (2)
(b)
(iv)
and
(f)
(iii)
and
(3ZA)
apply in relation
[page
73:
line
35
]
to
a donation falling within section 50(2)(b), (d) or (f)
(sponsorship,
payment of expenses or provision otherwise than
on
commercial terms of property etc) received by a registered
party
from a person only if—

(a)

it is a donation of more than £2,230, or

[page
73:
line
40
]
(b)

when the donation is added to any other donations
falling
within section 50(2)(b), (d) or (f) that have been
accepted
by the party from that person as a donor in
[
p
age
74
]
the
same calendar year, the aggregate amount of the
donations
is more than £2,230.
”

(3)

After
section 54D
(inserted by
section 58
of this Act) insert—

“
54E

Significant control test for companies

[page
74:
line
5
]
(1)

A company satisfies the significant control test (see section 54(2)
(b)
(iv)
)
if—

(a)

it is a company to which
Part 21A
of the
Companies Act 2006

(information
about people with significant control) applies, and

(b)

any of conditions A to D is met in relation to the company.

[page
74:
line
10
]
(2)

Condition A is that there is no person who is a registrable person or
registrable
relevant legal entity in relation to the company.

(3)

Condition B is that—

(a)

there is a registrable person in relation to the company who
holds,
directly or indirectly, more than 50% of the shares or
[page
74:
line
15
]
voting
rights in the company,

(b)

that registrable person (or, if there is more than one, each such
registrable
person) is—

(i)

registered in an electoral register, or

(ii)

a British citizen usually resident in the United Kingdom,
[page
74:
line
20
]
and

(c)

there is no person which is a registrable relevant legal entity
in
relation to the company which holds, directly or indirectly,
more
than 50% of the shares or voting rights in the company.

(4)

Condition C is that—

[page
74:
line
25
]
(a)

there is no person who is a registrable person or registrable
relevant
legal entity in relation to the company who holds,
directly
or indirectly, more than 50% of the shares or voting
rights
in the company, and

(b)

there are at least two persons who are registrable persons in
[page
74:
line
30
]
relation
to the company each of whom—

(i)

holds, directly or indirectly, more than 25% of the shares
or
voting rights in the company, and

(ii)

is registered in an electoral register or is a British citizen
usually
resident in the United Kingdom.

[page
74:
line
35
]
(5)

Condition D is that—

(a)

each registrable person in relation to the company is—

(i)

registered in an electoral register, or

(ii)

a British citizen usually resident in the United Kingdom,
and

[page
74:
line
40
]
(b)

there is no person which is a registrable relevant legal entity
in
relation to the company.

[
p
age
75
]
(6)

Subsection (7)
applies where, in relation to a company, there is a
person
(“P”) who is a registrable person, or a registrable relevant legal
entity,
by virtue of having the right to exercise, or actually exercising,
significant
influence or control over the activities of a trust or firm
[page
75:
line
5
]
that,
under the law by which it is governed, is not a legal person.

(7)

For the purposes of this section, shares or voting rights in the company
that
are held, directly or indirectly (and in their capacity as such), by
the
trustees of the trust or, as the case may be, the members of the
firm
are to be treated as if they were also held by P.

[page
75:
line
10
]
(8)

If, by virtue of
subsection (2)
(e)
of
section 790J
of the
Companies Act
2006
(power to make exemptions), a person does not count as a
registrable
person or a registrable relevant legal entity in relation to
a
company for the purposes of the sections of
that Act
referred to in
that
subsection
, the person also does not count as a registrable person
[page
75:
line
15
]
or,
as the case may be, a registrable relevant legal entity in relation to
that
company for the purposes of this section.

(9)

Paragraphs 11
to
15
and
18
to
23
of
Schedule 1A
to the
Companies
Act
2006
(provision about the holding of shares and voting rights),
and
guidance issued under
paragraph 24
of
that Schedule
(guidance
[page
75:
line
20
]
about
the meaning of significant influence or control), apply for the
purposes
of this section as they apply for the purposes of
that
Schedule
, with the references in paragraphs 13 and 14 of that Schedule
to
25% read, where necessary for the purposes of this section, as
references
to 50%.

[page
75:
line
25
]
(10)

In this section—

“
electoral
register”
means a register of parliamentary or local
government
electors maintained under
section 9
of the
Representation
of the People Act 1983
;

“
registrable
person”
and
“registrable relevant legal entity”
, in
[page
75:
line
30
]
relation
to a company, have the same meaning as in
Part 21A

of
the
Companies Act 2006
(see section 790C of that Act).

54F

Significant control test for LLPs

(1)

A limited liability partnership satisfies the significant control test (see
section
54(2)
(f)
(iii)
) if any of conditions A to D is met in relation to
[page
75:
line
35
]
the
limited liability partnership.

(2)

Condition A is that there is no person who is a registrable person or
registrable
relevant legal entity in relation to the limited liability
partnership.

(3)

Condition B is that—

[page
75:
line
40
]
(a)

there is a registrable person in relation to the limited liability
partnership
who holds, directly or indirectly, more than 50%
of
the surplus asset rights or voting rights in the limited liability
partnership,

[
p
age
76
]
(b)

that registrable person (or, if there is more than one, each such
registrable
person) is—

(i)

registered in an electoral register, or

(ii)

a British citizen usually resident in the United Kingdom,
[page
76:
line
5
]
and

(c)

there is no person which is a registrable relevant legal entity
in
relation to the limited liability partnership which holds,
directly
or indirectly, more than 50% of the surplus asset rights
or
voting rights in the limited liability partnership.

[page
76:
line
10
]
(4)

Condition C is that—

(a)

there is no person who is a registrable person or registrable
relevant
legal entity in relation to the limited liability
partnership
who holds, directly or indirectly, more than 50%
of
the surplus asset rights or voting rights in the limited liability
[page
76:
line
15
]
partnership,
and

(b)

there are at least two persons who are registrable persons in
relation
to the limited liability partnership each of whom—

(i)

holds, directly or indirectly, more than 25% of the
surplus
asset rights or voting rights in the limited
[page
76:
line
20
]
liability
partnership, and

(ii)

is registered in an electoral register or is a British citizen
usually
resident in the United Kingdom.

(5)

Condition D is that—

(a)

each registrable person in relation to the limited liability
[page
76:
line
25
]
partnership
is—

(i)

registered in an electoral register, or

(ii)

a British citizen usually resident in the United Kingdom,
and

(b)

there is no person which is a registrable relevant legal entity
[page
76:
line
30
]
in
relation to the limited liability partnership.

(6)

Subsection
(7)
applies where, in relation to a limited liability
partnership,
there is a person (“P”) who is a registrable person, or a
registrable
relevant legal entity, by virtue of having the right to
exercise,
or actually exercising, significant influence or control over
[page
76:
line
35
]
the
activities of a trust or firm that, under the law by which it is
governed,
is not a legal person.

(7)

For the purposes of this section, surplus asset rights or voting rights
in
the limited liability partnership that are held, directly or indirectly
(and
in their capacity as such), by the trustees of the trust or, as the
[page
76:
line
40
]
case
may be, the members of the firm are to be treated for the purposes
of
this section as if they were also held by P.

(8)

For the purposes of this section a reference to holding more than 25%,
or
more than 50%, of the surplus asset rights in a limited liability
partnership
is a reference to holding the right to share in more than
[
p
age
77
]
25%
or, as the case may be, more than 50% of any surplus assets of
the
limited liability partnership on a winding up.

(9)

Paragraphs 2
(2)
,
10
to
15
and
18
to
22
of
Schedule 1A
to the
Companies
Act
2006
(provision about the holding of surplus asset rights and
[page
77:
line
5
]
voting
rights), and guidance issued under
paragraph 23
of
that
Schedule
(guidance about the meaning of significant influence or
control),
apply for the purposes of this section as they apply for the
purposes
of
that Schedule
.

(10)

In this section—

“
[page
77:
line
10
]
electoral
register”
means a register of parliamentary or local
government
electors maintained under
section 9
of the
Representation
of the People Act 1983
;

“
registrable
person”
and
“registrable relevant legal entity”
, in
relation
to a limited liability partnership, have the same
[page
77:
line
15
]
meaning
as in
Part 21A
of the
Companies Act 2006
(see section
790C
of that Act);

“
surplus
asset rights”
, in relation to a limited liability partnership,
means
the right to share in any surplus assets of the limited
liability
partnership on a winding up;

“
[page
77:
line
20
]
voting
rights”
, in relation to a limited liability partnership, means
the
right to vote on those matters which are to be decided upon
by
a vote of the members of the limited liability partnership.

(11)

References in this section to provisions of the
Companies Act 2006
are
to
those provisions as applied or incorporated (with modifications)
[page
77:
line
25
]
by
regulations under
section 15
of the
Limited Liability Partnerships
Act
2000
.

54G

Power to revise significant control tests

The
Secretary of State may by regulations make amendments of this
Part
relating to the significant control test for companies or limited
[page
77:
line
30
]
liability
partnerships (see
sections 54E
and
54F
) where the Secretary
of
State considers that it is necessary or appropriate to do so in
consequence
of—

(a)

regulations under
section 790K
or
790L
of, or
paragraph 26
of
Schedule
1A
to, the
Companies Act 2006
;

[page
77:
line
35
]
(b)

regulations under
section 15
of the
Limited Liability
Partnerships
Act 2000
that apply or incorporate (with
modifications)
provision contained in or made under
section
790K
of, or
Schedule 1A
to, the
Companies Act 2006
.
”

(4)

After
section 54G
(inserted by
subsection (3)
) insert—

“
[page
77:
line
40
]
54H

Donations by companies and LLPsremaining available revenue

(1)

This section applies to determine the amount of a person’s remaining
available
revenue at the time of the receipt by a registered party of a
donation
that would be made by that person (see section 54
(3ZA)
(a)
).

[
p
age
78
]
(2)

Where the person is not a parent undertaking, the amount of the
person’s
remaining available revenue at the time of the donation’s
receipt
by the party is calculated as follows—

Step
1
[page
78:
line
5
]
Add
together the person’s revenue for each financial year that falls
wholly
within the relevant period to give “the step 1 total”.

Step
2
Then
deduct from the step 1 total the value of each relevant benefit
(if
any) that has already accrued to the party from the person in the
[page
78:
line
10
]
calendar
year in which the donation is received.

(3)

Where the person is a parent undertaking, the amount of the person’s
remaining
available revenue at the time of the donation’s receipt by
the
party is calculated as follows—

Step
1
[page
78:
line
15
]
Add
together the person’s revenue for each financial year that falls
wholly
within the relevant period to give “the step 1 total”.

Step
2
Then
add to the step 1 total the revenue of each subsidiary undertaking
of
the person for each financial year of the subsidiary undertaking
[page
78:
line
20
]
that
falls wholly within the relevant period to give “the step 2 total”.

Step
3
Then
deduct from the step 2 total the value of each relevant benefit
(if
any) that has already accrued to the party from the person in the
calendar
year in which the donation is received.

[page
78:
line
25
]
(4)

See
section 54I
(3)
(accounts filing obligation) for provision about when
a
person which is a parent undertaking is to be treated as if it were
not
one for the purposes of this section.

(5)

References in this section to a person’s “revenue” for a financial year
are
references to—

[page
78:
line
30
]
(a)

the person’s turnover for that year, and

(b)

any other amounts (not included within turnover) which, in
accordance
with generally accepted accounting practice, are
recognised
as revenue for the purposes of a profit and loss
account,
income statement or other equivalent financial
[page
78:
line
35
]
statement.

(6)

For the purposes of this section, revenue for a financial year must be
determined
by reference to a profit and loss account, or an income
statement
or other equivalent financial statement, prepared in
accordance
with generally accepted accounting practice (and any
[page
78:
line
40
]
revenue
for that financial year that cannot be so determined must be
ignored).

[
p
age
79
]
(7)

The Secretary of State may by regulations make provision (whether
by
amending this Part or otherwise) for revenue of a particular
description
to be ignored in determining a person’s revenue for a
financial
year for the purposes of this section.

[page
79:
line
5
]
(8)

For the purposes of this section, a “relevant benefit” accrues to a
registered
party from a person if—

(a)

the party accepts a donation from that person as a donor, or

(b)

the party enters into a relevant transaction (within the meaning
of
Part 4A) with that person as a participant,

[page
79:
line
10
]
and
the relevant benefit accrues when it is accepted (if it is a donation)
or
entered into (if it is a transaction).

(9)

For the purposes of this section, a donation received by a registered
party
from a person as a donor, but not yet accepted or refused—

(a)

is to be treated, until the time it is accepted or refused, as if it
[page
79:
line
15
]
were
a relevant benefit that had accrued to the party from that
person
as a donor, and

(b)

that relevant benefit is to be treated as if it had accrued when
the
donation was received.

(10)

In this section and
section 54I
—

“
[page
79:
line
20
]
financial
year”
has the same meaning as in the
Companies Act
2006
(see section 390 of that Act);

“
generally
accepted accounting practice”
has the same meaning
as
in the Corporation Tax Acts (see
section 1127
of the
Corporation
Tax Act 2010
);

“
[page
79:
line
25
]
parent
undertaking”
and
“subsidiary undertaking”
have the same
meaning
as in the
Companies Act 2006
(see section 1162 of that
Act);

“
the
relevant period”
, in relation to a donation received by a
registered
party, means the period of three years ending
[page
79:
line
30
]
immediately
before the beginning of the calendar year in which
the
donation is received;

“
turnover
”
means the amounts derived from the provision of
goods
and services after deduction of—

(a)

trade discounts,

[page
79:
line
35
]
(b)

value added tax, and

(c)

any other taxes based on the amounts so derived.

(11)

References in this section and
section 54I
to provisions of the
Companies
Act 2006
are, in relation to a limited liability partnership,
references
to those provisions as applied or incorporated (with
[page
79:
line
40
]
modifications)
by regulations under
section 15
of the
Limited Liability
Partnerships
Act 2000
.

[
p
age
80
]
54I

Donations by companies and LLPsaccounts filing obligation

(1)

A person by which a donation received by a registered party would
be
made satisfies the accounts filing obligation (see section
54
(3ZA)
(b)
)—

[page
80:
line
5
]
(a)

where the person is not a parent undertaking, if individual
accounts
of the person for at least one of the financial years
that
falls wholly within the relevant period have been delivered
to
the registrar of companies;

(b)

where the person is a parent undertaking, if group accounts
[page
80:
line
10
]
of
the person for at least one of the financial years that falls
wholly
within the relevant period have been delivered to the
registrar
of companies.

(2)

A person which is a parent undertaking and by which a donation
received
by a registered party would be made also satisfies the
[page
80:
line
15
]
accounts
filing obligation if individual accounts of the person for at
least
one of the financial years that falls wholly within the relevant
period
have been delivered to the registrar of companies.

(3)

But where a person which is a parent undertaking satisfies the accounts
filing
obligation by virtue of
subsection (2)
(and not by virtue of
[page
80:
line
20
]
subsection
(1)
(b)
) the person is to be treated for the purposes of section
54H
as if it were not a parent undertaking.

(4)

In this section—

“
group
accounts”
means Companies Act group accounts or IAS
group
accounts within the meaning of the
Companies Act 2006

[page
80:
line
25
]
(see
section 403 of that Act);

“
individual
accounts”
has the same meaning as in the
Companies
Act
2006
(see section 394 of that Act);

“
the
registrar of companies”
has the same meaning as in the
Companies
Act 2006
(see section 1060 of that Act).

[page
80:
line
30
]
(See
also the interpretation provisions in
section 54H
(10)
and
(11)
).
”

(5)

In
section 56
(acceptance or return of donations: general)—

(a)

after
subsection (1A)
insert—

“
(1B)

In so far as subsection (1) requires steps to be taken to verify
or
ascertain whether, in relation to a donation, a company or
[page
80:
line
35
]
limited
liability partnership satisfies any of conditions A to D
in

section 54E
or
54F
(significant control test), the requirement
is
treated as having been complied with if—

(a)

the party has inspected the information delivered by
the
company or limited liability partnership to the
[page
80:
line
40
]
registrar
of companies under
Part 21A
of the
Companies
Act
2006
that is available for public inspection,

(b)

at the time of inspection the information showed (or
appeared
to show) that one of conditions A to D in
section
54E
was met in relation to the company, or (as
[
p
age
81
]
the
case may be) one of conditions A to D in
section
54F
was met in relation to the limited liability
partnership,
as at the time of the donation’s receipt by
the
party, and

[page
81:
line
5
]
(c)

the party had no reasonable grounds for thinking that,
notwithstanding
the information, the company or
limited
liability partnership did not, at the time of the
donation’s
receipt by the party, satisfy any of those
conditions.
”
;

[page
81:
line
10
]
(b)

at the end insert—

“
(7)

In this section “the registrar of companies” has the same
meaning
as in the
Companies Act 2006
(see section 1060 of that
Act).

(8)

References in this section to provisions of the
Companies Act
[page
81:
line
15
]
2006
are, in relation to a limited liability partnership, references
to
those provisions as applied or incorporated (with
modifications)
by regulations under
section 15
of the
Limited
Liability
Partnerships Act 2000
.
”

(6)

In
Schedule 6
(details to be given in donation reports), after
paragraph 2

[page
81:
line
20
]
insert—

“
Further
information relating to donors that are companies or LLPs: quarterly reports

2ZA

—

(1)
This paragraph applies in relation to each recordable donation the
donor
of which is a company falling within section 54(2)
(b)
or a
limited
liability partnership falling within section 54(2)
(f)
other
[page
81:
line
25
]
than—

(a)

a recordable donation in relation to which the significant
control
test in
section 54E
or
54F
does not apply (by virtue
of
section 54
(3ZB)
), or

(b)

a recordable donation to which paragraph 2A, 6 or 7 applies.

[page
81:
line
30
]
(2)

In relation to each recordable donation the donor of which is a
company
a quarterly report must also—

(a)

give the date on which the registered party, before accepting
the
donation, inspected (or last inspected) the information
delivered
by the company to the registrar of companies
[page
81:
line
35
]
under

Part 21A
of the
Companies Act 2006
that is available
for
public inspection;

(b)

give the name of each person (if any) who, at the time of
receipt
of the donation by the party, is (according to the
information
so inspected) a registrable person or registrable
[page
81:
line
40
]
relevant
legal entity in relation to the company; and

(c)

give the relevant address of each registrable person whose
name
is given under
paragraph (b)
or, where that address
is
not known to the party, include a statement to that effect.

[
p
age
82
]
(3)

In relation to each recordable donation the donor of which is a
limited
liability partnership, a quarterly report must also—

(a)

give the date on which the registered party, before accepting
the
donation, inspected (or last inspected) the information
[page
82:
line
5
]
delivered
by the limited liability partnership to the registrar
of
companies under
Part 21A
of the
Companies Act 2006

that
is available for public inspection;

(b)

give the name of each person (if any) who, at the time of
receipt
of the donation by the party, is (according to the
[page
82:
line
10
]
information
so inspected) a registrable person or registrable
relevant
legal entity in relation to the limited liability
partnership;
and

(c)

give the relevant address of each registrable person whose
name
is given under
paragraph (b)
or, where that address
[page
82:
line
15
]
is
not known to the party, include a statement to that effect.

(4)

In this paragraph—

“
name
”
means the name that would satisfy the requirement to
provide
a name imposed by
section 790K
of the
Companies
Act
2006
;

“
[page
82:
line
20
]
registrable
person”
and
“registrable relevant legal entity”
, in
relation
to a company or limited liability partnership, have
the
same meaning as in
Part 21A
of the
Companies Act 2006
;

“
the
registrar of companies”
has the same meaning as in the
Companies
Act 2006
(see section 1060 of that Act);

“
[page
82:
line
25
]
relevant
address”
(of a registrable person) means—

(a)

if the person’s address is, at the date of receipt of the
donation
by the registered party, shown in an
electoral
register (within the meaning of section 54),
that
address; and

[page
82:
line
30
]
(b)

otherwise, the person’s home address (whether in
the
United Kingdom or elsewhere).

(5)

References in this paragraph to provisions of the
Companies Act
2006
are, in relation to a limited liability partnership, references to
those
provisions as applied or incorporated (with modifications) by
[page
82:
line
35
]
regulations
under
section 15
of the
Limited Liability Partnerships
Act
2000
.

Information
relating to Irish donations: quarterly reports
”
.

(7)

In
section 156
of
PPERA 2000
(orders and regulations), after subsection (4)
insert—

“
[page
82:
line
40
]
(4ZA)

Subsection (2) also does not apply to regulations under—

(a)

section 54G
;

(b)

section 54H
(7)
;

and
such regulations may not be made unless a draft of the instrument
containing
them has been laid before and approved by a resolution
[page
82:
line
45
]
of
each House of Parliament.
”

[
p
age
83
]
61

Forfeiture of certain donations to registered parties etc

(1)

PPERA 2000
is amended as set out in
subsections (2)
and
(3)
.

(2)

In
section 58
(control of donations to registered parties: forfeiture of donations
made
by impermissible or unidentifiable donors)—

[page
83:
line
5
]
(a)

after
subsection (2)
insert—

“
(2A)

In the case of a donation received by a registered party from
an
individual who, at the time of its receipt, was not registered
in
an electoral register, it is immaterial for the purposes of this
section
whether the individual was entitled to be registered in
[page
83:
line
10
]
an
electoral register at that time.
”
;

(b)

after
subsection (5)
insert—

“
(6)

In this section, “electoral register” means a register of
parliamentary
or local government electors maintained under
section
9
of the
Representation of the People Act 1983
.
”

[page
83:
line
15
]
(3)

In
section 59
(appeal against order under section 58), in
subsection (4)
, after
“Subsections”
insert “(2A),”.

(4)

Schedule 4
to the
Recall of MPs Act 2015
(control of donations to accredited
campaigners)
is amended as set out in
subsections (5)
and
(6)
.

(5)

In
paragraph 17
(forfeiture of donations made by impermissible or
[page
83:
line
20
]
unidentifiable
donors)—

(a)

after
sub-paragraph (2)
insert—

“
(2A)

In the case of a donation received by an accredited
campaigner
from an individual who, at the time of its receipt,
was
not registered in an electoral register, it is immaterial
[page
83:
line
25
]
for
the purposes of this paragraph whether the individual
was
entitled to be registered in an electoral register at that
time.
”
;

(b)

after
sub-paragraph (6)
insert—

“
(7)

In this paragraph, “electoral register” means a register of
[page
83:
line
30
]
parliamentary
or local government electors maintained under
section
9
of the
Representation of the People Act 1983
.
”

(6)

In
paragraph 18
(appeal against order under paragraph 17)—

(a)

in
sub-paragraph (1)
, for “(5)” substitute “
(5A)
”;

(b)

after
sub-paragraph (5)
insert—

“
[page
83:
line
35
]
(5A)

In the case of a donation received by an accredited
campaigner
from an individual who, at the time of its receipt,
was
not registered in an electoral register, it is immaterial
for
the purposes of this paragraph whether the individual
was
entitled to be registered in an electoral register at that
[page
83:
line
40
]
time.

(5B)

In
sub-paragraph (5A)
, “electoral register” has the meaning
given
in paragraph 17
(7)
.
”

[
p
age
84
]
62

Unincorporated associations making political contributions

(1)

Schedule 9
amends
Schedule 19A
to
PPERA 2000
(reports of gifts received
by
unincorporated associations making political contributions) so as to—

(a)

extend the definition of political contribution (which applies for the
[page
84:
line
5
]
purposes
of determining whether an unincorporated association is
subject
to the reporting requirements in
Schedule 19A
) to include
donations
to candidates at additional types of election;

(b)

make minor amendments to that definition so that only donations
made
for political purposes are included;

[page
84:
line
10
]
(c)

decrease the value at which political contributions made by an
unincorporated
association trigger the reporting requirements, from
£37,270
(in a calendar year) to £11,180;

(d)

require unincorporated associations that are subject to the reporting
requirements
to appoint a responsible person for the purposes of those
[page
84:
line
15
]
requirements;

(e)

prohibit unincorporated associations that are subject to the reporting
requirements
from making political contributions using gifts from
impermissible
donors or received outside certain periods;

(f)

decrease the threshold value above which gifts must be reported by
[page
84:
line
20
]
unincorporated
associations that are subject to the reporting
requirements,
from £11,180 to £2,230;

(g)

require unincorporated associations to report additional information
about
donors who have given them gifts used for political purposes;

(h)

create offences of—

[page
84:
line
25
]
(i)

giving an unincorporated association false information about
a
gift that may be used to make a political contribution, and

(ii)

withholding information about such a gift with intent to
deceive.

(2)

Schedule 9
also—

[page
84:
line
30
]
(a)

amends section 145 of PPERA 2000 (duties of Electoral Commission
with
respect to compliance with controls imposed by the Act etc) to
bring
the requirements imposed on unincorporated associations by
Schedule
19A to that Act within the scope of the Commission’s powers
to
monitor compliance and provide guidance;

[page
84:
line
35
]
(b)

amends
Schedule 19B
to
PPERA 2000
(investigatory powers of Electoral
Commission)
to bring unincorporated associations that are subject to
the
reporting requirements in
Schedule 19A
to
that Act
within the
scope
of the investigatory powers of the Commission in
Schedule 19B
;

(c)

amends
section 62
of the
Electoral Administration Act 2006
to enable
[page
84:
line
40
]
the
Secretary of State to make provision corresponding to
Part 4A
of
PPERA
2000
(regulation of loans etc) for unincorporated associations
that
are subject to the reporting requirements;

(d)

makes consequential amendments to section 140A of and
Schedule 20

to

PPERA 2000
.

[
p
age
85
]
63

Power of Scottish Ministers to vary sums in Schedule 7 to PPERA 2000

In
section 155 of PPERA 2000 (power to vary specified sums or percentages),
in
subsection (1A)—

(a)

after “vary” insert “—

[page
85:
line
5
]
(a)

”
;

(b)

at the end insert
“
, or

(b)

any sum for the time being specified in Schedule 7 so
far
as that sum applies in relation to a donation to a
member
of a local authority in Scotland who is not also
[page
85:
line
10
]
a
member of a registered party.
”

Information
to be included with electronic material

64

Electronic material promoted by third parties

(1)

In
section 44
of the
Elections Act 2022
(electronic material, other than paid-for
material,
with which information must be included), in
subsection (3)

[page
85:
line
15
]
(promoters
etc of material)—

(a)

omit the “or” at the end of
paragraph (e)
;

(b)

after
paragraph (f)
insert
“
, or

(g)

any person not within paragraphs (a) to (f) other than
an
individual.
”

[page
85:
line
20
]
(2)

Omit
Part 8
of the
Scottish Elections (Representation and Reform) Act 2025

(asp
4) (information to be included with certain electronic material at Scottish
elections).

65

Electoral Commission guidance relating to electronic materialminor revisions

In

section 54
of the
Elections Act 2022
(Electoral Commission guidance), after
[page
85:
line
25
]
subsection
(11)
insert—

“
(11A)

Where the Commission revises guidance under this section without
changing
the substance of the guidance—

(a)

subsections (3) to (9) do not apply in connection with the
revised
guidance,

[page
85:
line
30
]
(b)

the Commission must issue the revised guidance and arrange
for
it to be published in such manner as the Commission
considers
appropriate, and

(c)

the revised guidance comes into force on the day specified by
the
Commission in the revised guidance.
”

[
p
age
86
]
Part
5

Enforcement
and the Electoral Commission

Enforcement

66

Decriminalisation of certain requirements

[page
86:
line
5
]
(1)

Schedule 10
abolishes certain offences under
PPERA 2000
(and makes
consequential
provision).

(2)

That Schedule
has no effect in relation to an offence committed before
this
section
comes into force.

67

Extension of Electoral Commission’s enforcement functions

[page
86:
line
10
]
(1)

Schedule 19C
to
PPERA 2000
(imposition of civil sanctions by Electoral
Commission)
is amended as set out in
subsections (2)
and
(3)
.

(2)

In each of the following provisions (which allow civil sanctions to be imposed
in
respect of prescribed offences under
PPERA 2000
) omit “under this Act”—

(a)

in paragraph 1 (fixed monetary penalties), sub-paragraphs (1)(a), (2)(a),
[page
86:
line
15
]
(3)(a)
and (4)(a);

(b)

in paragraph 5 (discretionary requirements), sub-paragraphs (1)(a),
(2)(a),
(3)(a) and (4)(a);

(c)

in paragraph 10 (stop notices), sub-paragraphs (2)(b)(i) and (3)(b)(i);

(d)

in paragraph 15 (enforcement undertakings), sub-paragraph (1)(a)(i).

[page
86:
line
20
]
(3)

After
paragraph 17
insert—

“
Offences
that may be prescribed

17A

—

(1)
An offence may be prescribed for the purposes of paragraph 1, 5,
10
or 15 only if it is—

(a)

an offence under this Act,

[page
86:
line
25
]
(b)

an electoral finance offence,

(c)

an imprint offence, or

(d)

a recall campaign offence.

(2)

An “electoral finance offence” is an offence under any provision
of—

[page
86:
line
30
]
(a)

Part 2
of the
Representation of the People Act 1983
, or

(b)

Schedule 3A
or
9
to the
Electoral Law Act (Northern Ireland)
1962
,

that
relates to expenses or donations.

(3)

An “imprint offence” is an offence under—

[page
86:
line
35
]
(a)

section 110
or
110A
of the
Representation of the People Act
1983
,

[
p
age
87
]
(b)

paragraph 28
of
Schedule 9
to the
Electoral Law Act
(Northern
Ireland) 1962
, or

(c)

section 48
(1)
of the
Elections Act 2022
.

(4)

A “recall campaign offence” is an offence under
Schedule 3
,
4
or
5

[page
87:
line
5
]
to
the
Recall of MPs Act 2015
.
”

(4)

Schedule 11
makes further provision for, and in connection with, the extension
of
the Electoral Commission’s investigatory and enforcement functions.

(5)

This section
and
that Schedule
have no effect in relation to an offence or other
contravention
committed before
this section
comes into force.

[page
87:
line
10
]
68

Abolition of maximum penalties in respect of offences triable summarily

(1)

In
Schedule 19C
to
PPERA 2000
(imposition of civil sanctions by Electoral
Commission)—

(a)

in
paragraph 1
omit sub-paragraph (6) (fixed monetary penalty not
to
exceed maximum fine on summary conviction);

[page
87:
line
15
]
(b)

in
paragraph 5
omit sub-paragraph (8) (variable monetary penalty not
to
exceed maximum fine on summary conviction).

(2)

Those amendments have no effect in relation to an offence committed before
this
section
comes into force.

69

Civil sanctions orderscombining reserved and devolved provision

[page
87:
line
20
]
In

Schedule 19C
to
PPERA 2000
(imposition of civil sanctions by Electoral
Commission),
after
paragraph 16
insert—

“
Supplementary
orders: power to combine reserved and devolved provision

16A

—

(1)
Any effect that could be achieved by provision contained in a
supplementary
order made by the Scottish Ministers may be
[page
87:
line
25
]
achieved
by provision contained in a supplementary order made
by
the Secretary of State with the consent of the Scottish Ministers.

(2)

Any effect that could be achieved by provision contained in a
supplementary
order made by the Welsh Ministers may be achieved
by
provision contained in a supplementary order made by the
[page
87:
line
30
]
Secretary
of State with the consent of the Welsh Ministers.
”

Electoral
Commission

70

Removal of strategy and policy statement

(1)

In Part 1 of PPERA 2000 (the Electoral Commission) omit—

(a)

sections 4A to 4E and the italic heading before those sections (strategy
[page
87:
line
35
]
and
policy statement);

[
p
age
88
]
(b)

section 13ZA and the italic heading before that section (examination
by
the Speaker’s Committee of the Electoral Commission’s performance
of
duty to have regard to strategy and policy statement).

(2)

Omit sections 16 and 17(1) of the Elections Act 2022 (which inserted the
[page
88:
line
5
]
sections
repealed by
subsection (1)
).

(3)

The Electoral Commission is not required to publish a report under section
4B(4)
of PPERA 2000 in relation to any 12-month period ending on or after
the
day on which this section comes into force.

71

Disclosure of information by Electoral Commission

[page
88:
line
10
]
(1)

PPERA 2000
is amended as set out in
subsections (2)
to
(4)
.

(2)

Before the italic heading before
section 149
insert—

“
Disclosure
of information by Commission

148B

General power to disclose to certain other authorities

(1)

The Commission may disclose information to a person listed in
[page
88:
line
15
]
Schedule
19D
for the purpose of assisting the performance of the
person’s
functions.

(2)

The power in
subsection (1)
is subject to any express restriction on
disclosure
imposed by or under another enactment (ignoring any
restriction
which allows disclosure if authorised by an enactment).

[page
88:
line
20
]
(3)

Disclosure under
subsection (1)
does not contravene any other
restriction
on the disclosure of information (however imposed),
including
any duty of confidence.

(4)

The Secretary of State may by regulations amend
Schedule 19D
so as
to—

[page
88:
line
25
]
(a)

add an entry,

(b)

remove an entry for a body or office that no longer exists, or

(c)

make any change that the Secretary of State considers
appropriate
in consequence of a change to the name or
functions
of a person listed in that Schedule.

[page
88:
line
30
]
(5)

The Secretary of State must consult the Commission before making
regulations
under
subsection (4)
.

(6)

This section does not limit the circumstances in which information
may
be disclosed apart from this section.

(7)

In this section, “enactment” includes (in addition to the things it
[page
88:
line
35
]
includes
by virtue of section 160(1))—

(a)

an enactment comprised in, or in an instrument made under,
a
Measure or Act of Senedd Cymru,

(b)

an enactment comprised in, or in an instrument made under,
an
Act of the Scottish Parliament, and

[
p
age
89
]
(c)

assimilated direct legislation.
”

(3)

In
section 156
(orders and regulations), in
subsection (4ZA)
(inserted by
section
60
(7)
of this Act), after
paragraph (c)
(inserted by
paragraph 16
of
Schedule
8
to this Act) insert—

“
[page
89:
line
5
]
(d)

section 148B
(4)
;
”
.

(4)

After
Schedule 19C
insert—

“
Schedule
19D

Section 148B

Persons
to whom Commission may disclose information

Policing
and other law enforcement bodies

[page
89:
line
10
]
1

A member of—

(a)

a police force in England or Wales;

(b)

the Police Service of Scotland;

(c)

the Police Service of Northern Ireland;

(d)

the British Transport Police;

[page
89:
line
15
]
(e)

the Civil Nuclear Constabulary;

(f)

the Ministry of Defence Police;

(g)

a service police force, within the meaning given by
section
375
(1)
of the
Armed Forces Act 2006
;

(h)

the tri-service serious crime unit, within the meaning given
[page
89:
line
20
]
by

section 375
(1A)
of the
Armed Forces Act 2006
;

(i)

a body of constables appointed under—

(i)

provision incorporating
section 79
of the
Harbours,
Docks,
and Piers Clauses Act 1847
,

(ii)

an order made under
section 14
of the
Harbours Act
[page
89:
line
25
]
1964
, or

(iii)

section 154
of the
Port of London Act 1968
(c. xxxii).

2

The National Police Chiefs’ Council.

3

The Independent Office for Police Conduct.

4

The Police Investigations and Review Commissioner.

[page
89:
line
30
]
5

The Police Ombudsman for Northern Ireland.

6

The Service Police Complaints Commissioner.

Prosecuting
authorities

7

The Crown Prosecution Service.

8

The Crown Office and Procurator Fiscal Service.

[page
89:
line
35
]
9

The Public Prosecution Service for Northern Ireland.

10

The Director of Service Prosecutions.

11

The Serious Fraud Office.

[
p
age
90
]
Parliamentary
bodies and officers

12

The Parliamentary Commissioner for Standards.

13

The Independent Parliamentary Standards Authority.

14

The Commissioner for Ethical Standards in Public Life in Scotland.

[page
90:
line
5
]
15

The Scottish Parliamentary Corporate Body.

16

The Senedd Commissioner for Standards.

17

The Independent Remuneration Board of the Senedd.

18

The Northern Ireland Assembly Commissioner for Standards.

19

The Northern Ireland Assembly Commission.

[page
90:
line
10
]
20

The Independent Remuneration Board (for the Northern Ireland
Assembly).

Other
bodies and officers with regulatory or investigatory functions

21

The Financial Conduct Authority.

22

The Information Commission.

[page
90:
line
15
]
23

The Scottish Information Commissioner.

24

The Office of Communications.

25

The Charity Commission for England and Wales.

26

The Office of the Scottish Charity Regulator.

27

The Charity Commission for Northern Ireland.

[page
90:
line
20
]
28

His Majesty’s Revenue and Customs.

29

Revenue Scotland.

30

The Welsh Revenue Authority.

31

The registrar of companies for England and Wales.

32

The registrar of companies for Scotland.

[page
90:
line
25
]
33

The registrar of companies for Northern Ireland.

34

The Commission for Equality and Human Rights.

35

The Scottish Commission for Human Rights.

36

The Equality Commission for Northern Ireland.

37

The Gambling Commission.

[page
90:
line
30
]
38

The Certification Officer.
”

(5)

Until the abolition of the office of Information Commissioner (see
section 118

of
the
Data (Use and Access) Act 2025
), the reference to the Information
Commission
in
paragraph 22
of
Schedule 19D
of
PPERA 2000
(inserted by
subsection
(4)
) is to be read as including that office.

[
p
age
91
]
Part
6

Hostility
towards candidates etc: disqualification orders and sentencing

72

Hostility towards officers and their staff

(1)

Part 5
of the
Elections Act 2022
(disqualification of offenders for holding
[page
91:
line
5
]
elective
office etc) is amended as set out in
subsections (2)
and
(3)
.

(2)

In
section 30
(disqualification orders)—

(a)

in
subsection (1)
(c)
, for “34” substitute “
34A
(but see subsection
(8A)
)”;

(b)

in
subsection (4)
—

(i)

in the words before
paragraph (a)
, for “34” substitute “
34A
”;

[page
91:
line
10
]
(ii)

in
paragraph (a)
, for “sections 32 to 34” substitute “those
sections”;

(c)

after
subsection (8)
insert—

“
(8A)

Where a court in Scotland is dealing with the offender,
subsection
(1)(c) has effect as if the reference to persons falling
[page
91:
line
15
]
within

section 34A
were a reference only to persons described
in

subsection (1)
of that section (officers and staff in England,
Wales
and Northern Ireland).
”

(3)

After
section 34
insert—

“
34A

Relevant officers and their staff

[page
91:
line
20
]
(1)

A person falls within this section if the person is—

(a)

a registration officer, a returning officer, a petition officer or a
counting
officer (a “relevant officer”),

(b)

another person who, under an enactment or by virtue of an
appointment
made under an enactment, carries out some or
[page
91:
line
25
]
all
of the functions of a relevant officer, or

(c)

a member of a relevant officer’s staff.

(2)

A person also falls within this section if the person is—

(a)

a Scottish registration officer, a Scottish returning officer or a
Scottish
counting officer (a “relevant Scottish officer”), or

[page
91:
line
30
]
(b)

a member of a relevant Scottish officer’s staff.

(3)

In
subsection (1)
—

“
counting
officer”
means a counting officer for—

(a)

a referendum to which
Part 7
of
PPERA 2000
applies
(see

section 128
of
that Act
);

[page
91:
line
35
]
(b)

a referendum held under or by virtue of
Part 1A
or
2

of
the
Local Government Act 2000
(arrangements with
respect
to local authority governance in England or
Wales)
(see provision made under
section 9MG
or
45

of

that Act
);

[
p
age
92
]
(c)

a referendum held under
Chapter 4ZA
of
Part 1
of the
Local
Government Finance Act 1992
(council tax
increases
in England and Wales) (see provision made
under

section 52ZQ
of
that Act
);

[page
92:
line
5
]
(d)

a referendum held as a result of
paragraph 12
(4)
of
Schedule
4B
to the
Town and Country Planning Act
1990
(neighbourhood development orders) or
paragraph
10
(3)
of
Schedule 4C
to
that Act
(community right to
build
orders) (see provision made under
paragraph 16

[page
92:
line
10
]
of

Schedule 4B
to
that Act
);

“
enactment
”
includes—

(a)

an enactment comprised in subordinate legislation (as
defined
in
section 21
of the
Interpretation Act 1978
);

(b)

an enactment comprised in, or in an instrument made
[page
92:
line
15
]
under,
an Act or Measure of Senedd Cymru;

(c)

an enactment comprised in, or in an instrument made
under,
an Act of the Scottish Parliament;

(d)

an enactment comprised in, or in an instrument made
under,
Northern Ireland legislation;

“
[page
92:
line
20
]
member
of a relevant officer’s staff”
means a person who is
employed
by or working under the direction of—

(a)

a relevant officer, or

(b)

a person described in
subsection (1)
(b)
who carries out
functions
of a relevant officer,

[page
92:
line
25
]
in
a role the duties of which relate to the relevant officer’s
functions;

“
petition
officer”
has the same meaning as in the
Recall of MPs
Act
2015
(see section 6(2) of that Act);

“
registration
officer”
means an electoral registration officer for a
[page
92:
line
30
]
constituency
in England and Wales or Northern Ireland or a
part
of such a constituency (see
section 8
of
RPA 1983
);

“
returning
officer”
means a returning officer for—

(a)

a parliamentary election (see
sections 24
,
25
and
26
of
RPA
1983
);

[page
92:
line
35
]
(b)

an election to Senedd Cymru (see provision made under
section
13
of the
Government of Wales Act 2006
);

(c)

an election to the Northern Ireland Assembly (see
provision
made under
section 34
of the
Northern Ireland
Act
1998
);

[page
92:
line
40
]
(d)

a local government election within the meaning of
section
203
of
RPA 1983
(England and Wales) (see
section
35
of
that Act
);

(e)

an election under
Part 1A
or
2
of the
Local Government
Act
2000
for the return of an elected mayor (see
[page
92:
line
45
]
provision
made under
section 9HE
or
44
of
that Act
);

[
p
age
93
]
(f)

an election for the return of a mayor for the area of a
combined
authority established under
section 103
of
the

Local Democracy, Economic Development and
Construction
Act 2009
(see provision made under
[page
93:
line
5
]
paragraph
12 of Schedule 5B to that Act);

(g)

an election for the return of a mayor for the area of a
combined
county authority established under
section
9
(1)
of the
Levelling-up and Regeneration Act 2023
(see
provision
made under paragraph 12 of Schedule 2 to
[page
93:
line
10
]
that
Act);

(h)

a local election as defined in
section 130
(1)
of the
Electoral
Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(see
the functions of the Chief Electoral Officer for
Northern
Ireland under section 14(4) of that Act);

[page
93:
line
15
]
(i)

an election of a police and crime commissioner (see
section
54
(1)
of the
Police Reform and Social
Responsibility
Act 2011
).

(4)

In
subsections (1)
and
(3)
—

(a)

references to a person who is a type of officer include a person
[page
93:
line
20
]
who
is, under an enactment, treated as if they were such an
officer;

(b)

in the definitions of “counting officer” and “returning officer”,
the
references to a counting officer or a returning officer include
an
officer whose title also includes other words.

[page
93:
line
25
]
(5)

In
subsection (2)
—

“
member
of a relevant Scottish officer’s staff”
means—

(a)

in relation to a Scottish counting officer, a member of
staff
appointed or provided under section 9(9) or (10)
of
the
Referendums (Scotland) Act 2020
(asp 2);

[page
93:
line
30
]
(b)

in relation to any other relevant Scottish officer, a person
who
is employed by, or working under the direction
of,
the relevant Scottish officer in a role the duties of
which
relate to the relevant Scottish officer’s functions;

“
Scottish
counting officer”
means—

[page
93:
line
35
]
(a)

the person appointed under
section 7
(1)
or
(6)
of the
Referendums
(Scotland) Act 2020
(asp 2) (Chief
Counting
Officer);

(b)

a person appointed under
section 7
(7)
of
that Act

(deputy
of the Chief Counting Officer);

[page
93:
line
40
]
(c)

a person appointed under
section 8
(1)
or
(5)
of
that Act

(other
counting officers);

(d)

a person appointed under
section 8
(6)
of
that Act

(deputy
of a counting officer);

“
Scottish
registration officer”
means an electoral registration officer
[page
93:
line
45
]
for
a constituency in Scotland or a part of such a constituency
(see

section 8
of
RPA 1983
);

“
[
p
age
94
]
Scottish
returning officer”
means an officer who is—

(a)

appointed under
section 41
(1)
of
RPA 1983
(returning
officers:
local elections in Scotland);

(b)

a constituency returning officer by virtue of an order
[page
94:
line
5
]
under

section 12
(1)
of the
Scotland Act 1998
;

(c)

an officer designated in accordance with an order under
section
12
(6)
of
that Act
(a regional returning officer).
”

(4)

In
section 236A
of the
Armed Forces Act 2006
(disqualification orders)—

(a)

in
subsection (1)
(c)
, for “34” substitute “
34A
”;

[page
94:
line
10
]
(b)

in
subsection (4)
, for “34” substitute “
34A
”.

73

Hostility as aggravating factorEngland and Wales and armed forces

(1)

The Sentencing Code is amended as set out in
subsections (2)
and
(3)
.

(2)

In the heading of
section 67
(hostility), at the end insert “towards persons
with
certain characteristics”.

[page
94:
line
15
]
(3)

After
section 67
insert—

“
66A

Hostility towards candidates etc at elections etc

(1)

This section applies where a court is considering the seriousness of
an
offence committed by a person where—

(a)

the offence is listed in
Schedule 9
to the
Elections Act 2022

[page
94:
line
20
]
(offences
which may result in disqualification of offenders from
holding
elective office etc), and

(b)

the person is convicted of the offence on or after the date on
which
section 71 of the Representation of the People Act 2026
comes
into force.

[page
94:
line
25
]
(2)

Where the offence is aggravated by hostility related to persons falling
within
any of
sections 32
to
34A
of the
Elections Act 2022
(candidates,
campaigners,
holders of elective office and officials), the court—

(a)

must treat the fact that the offence is aggravated by such
hostility
as an aggravating factor, and

[page
94:
line
30
]
(b)

must state in open court that the offence is so aggravated.

(3)

Subsections (4)
and
(5)
of
section 30
of the
Elections Act 2022
(meaning
of
offence being aggravated by hostility related to persons falling
within
any of
sections 32
to
34A
of
that Act
) apply for the purposes
of
this section as they apply for the purposes of
section 30
of
that Act
.

[page
94:
line
35
]
(4)

The reference in
subsection (1)
to an offence listed in
Schedule 9
to
the

Elections Act 2022
includes an offence committed by aiding,
abetting,
counselling or procuring the commission of such an offence.
”

[
p
age
95
]
(4)

In
section 238
of the
Armed Forces Act 2006
(deciding the seriousness of an
offence),
before
subsection (6)
insert—

“
(5A)

In
section 66A
of the Sentencing Code (seriousness of offence involving
hostility
towards candidates etc at elections etc)—

[page
95:
line
5
]
(a)

the references to a court are to be read as including a court
dealing
with an offender for a service offence, and

(b)

the references in subsections (1) and (4) to an offence listed in
Schedule
9
to the
Elections Act 2022
are to be taken as
references
to an offence under section 42 as respects which the
[page
95:
line
10
]
corresponding
offence under the law of England and Wales is
an
offence listed in
that Schedule
.
”

74

Hostility as aggravating factorScotland and Northern Ireland

(1)

Part 5
of the
Elections Act 2022
(disqualification of offenders for holding
elective
office etc) is amended as follows.

[page
95:
line
15
]
(2)

For the Part heading substitute “Hostility towards candidates etcdisqualification
orders and sentencing”.

(3)

Before
section 30
insert—

“
Disqualification
of offenders for holding elective office etc
”
.

(4)

In
section 30
(disqualification orders)—

[page
95:
line
20
]
(a)

omit
subsection (3A)
(aggravation of offences in Scotland);

(b)

in
subsection (9)
omit the definition of “Scottish court”.

(5)

After
section 36
insert—

“
Aggravating
factor in sentencing

36A

Hostility as aggravating factor

[page
95:
line
25
]
(1)

This section and
sections 36B
and
36C
make provision for hostility
related
to persons falling within any of sections 32 to 34A to be an
aggravating
factor for the purposes of sentencing for a Schedule 9
offence.

(2)

See also
section 66A
of the Sentencing Code (sentencing in England
[page
95:
line
30
]
and
Wales).

(3)

In this section and
sections 36B
and
36C
, “Schedule 9 offence” has the
same
meaning as in section 30.

36B

Hostility as aggravating factorScotland

(1)

This section applies where a court in Scotland is dealing with an
[page
95:
line
35
]
offender
for a relevant Schedule 9 offence that is aggravated by
hostility
related to persons falling within any of sections 32 to 34 and
34A
(1)
.

[
p
age
96
]
(2)

The court must take the aggravation into account when determining
the
appropriate sentence.

(3)

Where the sentence in respect of the offence is different from that
which
the court would have imposed if the offence were not so
[page
96:
line
5
]
aggravated,
the court must state the extent of, and the reasons for,
that
difference.

(4)

Where
subsection (3)
does not apply, the court must state the reasons
for
there being no such difference.

(5)

In this section, “relevant Schedule 9 offence” means a Schedule 9
[page
96:
line
10
]
offence
that is committed—

(a)

on or after the day on which
section 74
of the Representation
of
the People Act 2026 comes into force, and

(b)

by a person who is aged 18 or over when the offence is
committed.

[page
96:
line
15
]
(6)

Where an offence is found to have been committed over a period of
2
or more days, or at some time during a period of 2 or more days,
it
must be taken for the purposes of
subsection (5)
to have been
committed
on the first of those days.

(7)

Subsections (4) and (5) of section 30 apply for the purposes of this
[page
96:
line
20
]
section
as they apply for the purposes of that section.

36C

Hostility as aggravating factorNorthern Ireland

(1)

This section applies where a court in Northern Ireland is considering
for
the purposes of sentence the seriousness of an offence committed
by
a person where—

[page
96:
line
25
]
(a)

the offence is a Schedule 9 offence, and

(b)

the person is convicted of the offence on or after the day on
which

section 74
of the Representation of the People Act 2026
comes
into force.

(2)

Where the offence is aggravated by hostility related to persons falling
[page
96:
line
30
]
within
any of sections 32 to
34A
, the court—

(a)

must treat the fact that the offence is aggravated by such
hostility
as an aggravating factor, and

(b)

must state in open court that the offence is so aggravated.

(3)

Subsections (4) and (5) of section 30 apply for the purposes of this
[page
96:
line
35
]
section
as they apply for the purposes of that section.

(4)

In this section, in relation to an offence, “sentence” includes any order
made
by a court when dealing with a person in respect of the offence.

[
p
age
97
]
Supplementary
”
.

75

Effect of Scottish disqualification orders

(1)

Part 5
of the
Elections Act 2022
(disqualification of offenders for holding
elective
office etc) is amended as follows.

[page
97:
line
5
]
(2)

After
section 30
insert—

“
30A

Effect of Scottish disqualification orders

A
person who is subject to an order made under
section 8
of the
Scottish
Elections (Representation and Reform) Act 2025
(asp 4) (a
“Scottish
disqualification order”) is disqualified—

[page
97:
line
10
]
(a)

for being nominated for election to a relevant elective office,
and

(b)

for being elected to or holding a relevant elective office.
”

(3)

In
section 31
(vacation of relevant elective office etc)—

(a)

in
subsection (1)
, after “disqualification order” insert “or Scottish
[page
97:
line
15
]
disqualification
order”;

(b)

in
subsection (6)
, after “disqualification order” insert “or a Scottish
disqualification
order”.

(4)

In
section 35
(election etc of a person to the House of Commons who is subject
to
a disqualification order), in
subsection (1)
, after “order” insert “or a Scottish
[page
97:
line
20
]
disqualification
order”.

(5)

In
section 37
(interpretation of Part 5), in
subsection (1)
, at the end insert—

“
“
Scottish
disqualification order”
has the meaning given in section
30A
.
”

76

Effect of disqualification ordersminor and consequential provision

(1)

In Schedule 5 to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)
[page
97:
line
25
]
(local
elections rules), in rule 10(2)(c) (validity of nomination paper), after
“2022”
insert “or section 8 of the Scottish Elections (Representation and Reform)
Act
2025 (asp 4)”.

(2)

In the
Local Government Act 1972
—

(a)

in
section 86
(declaration by local authority of vacancy in office), in
[page
97:
line
30
]
subsection
(1)
(b)
, after “2022” insert “or an order under section 8 of
the
Scottish Elections (Representation and Reform) Act 2025 (asp 4)
(read
with section
30A
of the Elections Act 2022)”;

(b)

in
section 87
(date of casual vacancies), in
subsection (1)
(db)
—

(i)

after “2022” insert “or an order under section 8 of the Scottish
[page
97:
line
35
]
Elections
(Representation and Reform) Act 2025 (asp 4) (read
with
section
30A
of the Elections Act 2022)”;

(ii)

for “that Act” substitute “the Elections Act 2022”.

(3)

In
section 10
of the
Local Government Act (Northern Ireland) 1972
(c. 9 (N.I.))
(declaration
of vacancy in office)—

[
p
age
98
]
(a)

in
subsection (1)
(a)
, after “2022” insert “or an order under section 8
of
the Scottish Elections (Representation and Reform) Act 2025 (asp
4)
(read with section
30A
of the Elections Act 2022)”;

(b)

in
subsection (2)
(a)
, after “2022” insert “or an order under section 8
[page
98:
line
5
]
of
the Scottish Elections (Representation and Reform) Act 2025 (asp
4)
(read with section
30A
of the Elections Act 2022)”.

(4)

In
section 7
of the
House of Commons Disqualification Act 1975
(jurisdiction
of
Privy Council as to disqualification), in
subsection (6)
, after “2022” insert
“or
an order under section 8 of the Scottish Elections (Representation and
[page
98:
line
10
]
Reform)
Act 2025 (asp 4) (read with section
30A
of the Elections Act 2022)”.

(5)

In Schedule 1 to
RPA 1983
(parliamentary election rules), in rule 12(2)(c)
(validity
of nomination papers)—

(a)

after “disqualified” insert “—

[page
98:
line
15
]
(b)

after “or” insert—

(c)

after “2022” insert “or an order under section 8 of the Scottish Elections
(Representation
and Reform) Act 2025 (asp 4) (read with section
30A

of
the Elections Act 2022)”.

[page
98:
line
20
]
(6)

In the
Greater London Authority Act 1999
—

(a)

in
section 7
(Assembly members: declaration of vacancy), in
paragraph
(b)
(ib)
, after “2022” insert “or an order under section 8 of the Scottish
Elections
(Representation and Reform) Act 2025 (asp 4) (read with
section

30A
of the Elections Act 2022)”;

[page
98:
line
25
]
(b)

in
section 9
(Assembly members: date of casual vacancies), in
subsection
(1)
(fa)
—

(i)

after “2022” insert “or an order under section 8 of the Scottish
Elections
(Representation and Reform) Act 2025 (asp 4) (read
with
section
30A
of the Elections Act 2022)”;

[page
98:
line
30
]
(ii)

for “that Act” substitute “the Elections Act 2022”;

(c)

in
section 14
(Mayor: declaration of vacancy), in
paragraph (b)
(ib)
,
after “2022” insert “or an order under section 8 of the Scottish Elections
(Representation
and Reform) Act 2025 (asp 4) (read with section
30A

of
the Elections Act 2022)”;

[page
98:
line
35
]
(d)

in
section 15
(1)
(Mayor: date of casual vacancy)—

(i)

for “Subsection (1)” substitute “Subsections (1) and (1A)”;

(ii)

for “it applies” substitute “they apply”;

(iii)

after “(b)” insert “of subsection (1)”;

(iv)

after “(h)”, in the first place it occurs, insert “of subsection (1)”.

[page
98:
line
40
]
(7)

In
Part 1
of
Schedule 1A
to the
Government of Wales Act 2006
(categories of
person
disqualified from membership of the Senedd), in
paragraph 6A
(persons
subject
to a disqualification order), after “2022” insert “or section 8 of the
Scottish
Elections (Representation and Reform) Act 2025 (asp 4)”.

[
p
age
99
]
(8)

In
section 59
of the
Police Reform and Social Responsibility Act 2011
(date
of
vacancy in office of police and crime commissioner), in
subsection (1)
(e)
—

(a)

after “2022” insert “or an order under section 8 of the Scottish Elections
(Representation
and Reform) Act 2025 (asp 4) (read with section
30A

[page
99:
line
5
]
of
the Elections Act 2022)”;

(b)

for “that Act” substitute “the Elections Act 2022”.

Part
7

General

77

Power to make consequential provision

[page
99:
line
10
]
(1)

The Secretary of State may by regulations make provision that is consequential
on
this Act.

(2)

Regulations under
this section
may amend, repeal or revoke provision made
by
an enactment passed or made—

(a)

before this Act, or

[page
99:
line
15
]
(b)

later in the same session of Parliament as this Act.

(3)

Regulations under
this section
may—

(a)

make different provision for different purposes;

(b)

make transitional or saving provision.

(4)

A statutory instrument containing (whether alone or with other provision)
[page
99:
line
20
]
regulations
under
this section
that amend or repeal any provision of primary
legislation
may not be made unless a draft of the instrument has been laid
before
and approved by a resolution of each House of Parliament.

(5)

Any other statutory instrument containing regulations under
this section
is
subject
to annulment in pursuance of a resolution of either House of
[page
99:
line
25
]
Parliament.

(6)

In
this section
—

“
enactment
”
includes—

(a)

an enactment comprised in subordinate legislation (as defined
in

section 21
of the
Interpretation Act 1978
);

[page
99:
line
30
]
(b)

an enactment comprised in, or in an instrument made under,
a
Measure or Act of Senedd Cymru;

(c)

an enactment comprised in, or in an instrument made under,
an
Act of the Scottish Parliament;

(d)

an enactment comprised in, or in an instrument made under,
[page
99:
line
35
]
Northern
Ireland legislation;

“
primary
legislation”
means—

(a)

an Act of Parliament;

(b)

an Act of the Scottish Parliament;

(c)

a Measure or Act of Senedd Cymru;

[page
99:
line
40
]
(d)

Northern Ireland legislation.

[
p
age
100
]
(7)

Regulations under
this section
are to be made by statutory instrument.

78

Power to amend references to subordinate legislation etc

(1)

The Secretary of State may by regulations amend—

(a)

a provision of this Act, or

[page
100:
line
5
]
(b)

a provision inserted by this Act into another Act,

in
consequence of the amendment or revocation of any subordinate legislation
which
is for the time being referred to in the provision.

(2)

In
subsection (1)
, “subordinate legislation” means—

(a)

subordinate legislation as defined in
section 21
of the
Interpretation
[page
100:
line
10
]
Act
1978
, or

(b)

an instrument made under—

(i)

an Act of the Scottish Parliament,

(ii)

a Measure or Act of Senedd Cymru, or

(iii)

Northern Ireland legislation.

[page
100:
line
15
]
(3)

Regulations under
this section
are to be made by statutory instrument.

(4)

A statutory instrument containing (whether alone or with other provision)
regulations
under
this section
may not be made unless a draft of the
instrument
has been laid before and approved by a resolution of each House
of
Parliament.

[page
100:
line
20
]
79

Interpretation of references to other Acts

In
this Act—

“
PPERA
2000”
means the
Political Parties, Elections and Referendums
Act
2000
;

“
RPA
1983”
means the
Representation of the People Act 1983
;

“
[page
100:
line
25
]
RPA
1985”
means the
Representation of the People Act 1985
;

“
RPA
2000”
means the
Representation of the People Act 2000
.

80

Financial provision

(1)

There is to be paid out of money provided by Parliament any increase
attributable
to this Act in the sums payable under or by virtue of any other
[page
100:
line
30
]
Act
out of money so provided.

(2)

There is to be paid out of the Consolidated Fund any increase attributable to
this
Act in the sums payable under any other Act out of that Fund.

(3)

There is to be paid into the Consolidated Fund any increase attributable to
this
Act in the sums payable into that Fund under any other Act.

[page
100:
line
35
]
81

Extent

(1)

This Act extends to England and Wales, Scotland and Northern Ireland, except
as
follows.

[
p
age
101
]
(2)

The following extend to England and Wales and Scotland only—

(a)

in
Part 1
—

(i)

section 1
(3)
(b)
;

(ii)

section 4
(4)
(a)
,
(6)
(b)
and
(8)
(b)
;

[page
101:
line
5
]
(iii)

section 5
(2)
(b)
,
(3)
(b)
and
(d)
,
(4)
(d)
and
(5)
(c)
;

(iv)

paragraphs 3
,
4
(b)
,
8
,
9
and
14
of
Schedule 1
;

(b)

in
Part 2
,
paragraph 9
of
Schedule 2
;

(c)

in
Part 3
—

(i)

section 47
;

[page
101:
line
10
]
(ii)

paragraphs 1
to
12
of
Schedule 3
;

(iii)

paragraphs 18
,
23
and
25
of
Schedule 5
;

(d)

in
Part 6
,
section 76
(6)
.

(3)

The following extend to England and Wales only—

(a)

in
Part 1
—

[page
101:
line
15
]
(i)

section 1
(6)
;

(ii)

section 4
(4)
(c)
;

(iii)

section 10
(5)
to
(9)
;

(b)

in
Part 3
,
paragraphs 15
and
17
of
Schedule 5
;

(c)

in
Part 6
—

[page
101:
line
20
]
(i)

section 73
(1)
to
(3)
;

(ii)

section 76
(2)
and
(8)
.

(4)

The following extend to Scotland only—

(a)

in
Part 1
—

(i)

section 3
(5)
;

[page
101:
line
25
]
(ii)

section 4
(4)
(b)
;

(iii)

section 10
(1)
to
(4)
;

(b)

in
Part 3
,
paragraphs 19
and
23
of
Schedule 3
;

(c)

in
Part 4
—

(i)

section 54
(2)
(a)
(i)
and
(b)
and
(3)
(a)
(i)
and
(b)
;

[page
101:
line
30
]
(ii)

section 64
(2)
;

(iii)

paragraph 2
(4)
of
Schedule 7
.

(5)

The following extend to Northern Ireland only—

(a)

provisions of this Act which amend or repeal provisions of the
following—

[page
101:
line
35
]
(i)

the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.));

(ii)

the
Local Government Act (Northern Ireland) 1972
(c. 9 (N.I.));

(iii)

the
Local Elections (Northern Ireland) Order 1985
(S.I.
1985/454);

(iv)

the
Elected Authorities (Northern Ireland) Act 1989
;

[page
101:
line
40
]
(b)

in
Part 1
—

(i)

section 5
(4)
(a)
;

(ii)

paragraph 12
of
Schedule 1
;

[
p
age
102
]
(c)

in
Part 2
,
section 35
;

(d)

in
Part 3
—

(i)

section 46
(3)
;

(ii)

paragraphs 13
to
17
of
Schedule 3
.

[page
102:
line
5
]
(6)

Subsections (1)
and
(2)
of
section 384
of the
Armed Forces Act 2006
(extent
outside
the United Kingdom) apply to the amendments of
that Act
made by
sections
72
(4)
and
73
(4)
as those subsections apply to the provisions of
that
Act
.

82

Commencement

[page
102:
line
10
]
(1)

This Act comes into force on such day as the Secretary of State may by
regulations
appoint, except as follows.

(2)

This Part
and the following provisions come into force on the day on which
this
Act is passed—

(a)

section 5
(3)
(f)
to
(i)
and
(6)
(b)
(power to make provision about young
[page
102:
line
15
]
voters
and service declarations);

(b)

section 13
(power to make further provision about disclosure of a
young
person’s information) and
sections 7
to
12
and
14
so far as
necessary
to enable the exercise of the power in
section 13
;

(c)

sections 20
to
25
(power to pilot changes to the voter registration
[page
102:
line
20
]
process);

(d)

sections 26
to
29
(power to amend the canvass in Northern Ireland);

(e)

section 30
(1)
and
(4)
(regulations made by Scottish Ministers under
RPA
1983);

(f)

section 30
(2)
(a)
and
(c)
(power to make provision about when
[page
102:
line
25
]
entitlement
to remain registered pursuant to a declaration of local
connection
ceases), so far as they confer power to make regulations
or
are otherwise necessary to enable the exercise of such a power;

(g)

section 36
(regulations as to registration etc: information to assist
registration
officers);

[page
102:
line
30
]
(h)

sections 49
to
51
(power to obtain information to help people
understand
elections etc);

(i)

in
Schedule 3
(absent voting)—

(i)

paragraph 3
(regulations under Schedule 4 to RPA 2000 to be
made
by appropriate national authority);

[page
102:
line
35
]
(ii)

paragraphs 24
and
25
(regulations as to registration etc: absent
voting);

(iii)

any other provision of
that Schedule
so far as it confers power
to
make regulations or is otherwise necessary to enable the
exercise
of such a power.

[page
102:
line
40
]
(3)

The Secretary of State may by regulations make transitional or saving provision
in
connection with the coming into force of any provision of this Act.

(4)

The powers to make regulations under
this section
include power to make
different
provision for different purposes or areas.

[
p
age
103
]
(5)

Regulations under
this section
are to be made by statutory instrument.

(6)

The power in
section 419
(1)
of the
Sentencing Act 2020
(power to state effect
of
commencement provisions) applies in relation to any amendment or repeal
made
by or under this Act of
that Act
as it applies in relation to an
[page
103:
line
5
]
amendment
or repeal made by
Schedule 22
to
that Act
.

83

Short title

This
Act may be cited as the Representation of the People Act 2026.

[
p
age
104
]
Schedules

Schedule
1

Section 6

Further
provision about registration of young voters etc

Part
1

[page
104:
line
5
]
Amendments
of enactments

Electoral
Law Act (Northern Ireland) 1962

1

In
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(local
elections rules)—

(a)

in rule 29 (admission to the polling station), in paragraphs (1)(b)
[page
104:
line
10
]
and
(1A), for “18” substitute “16”;

(b)

in rule 36 (voting by persons with disabilities), in paragraph (2)(b)(i),
for
“18” substitute “16”.

RPA
1983

2

RPA 1983
is amended as follows.

[page
104:
line
15
]
3

In
section 9
(registers of electors) omit
subsection (5A)
.

4

In
section 9A
(registration officers: duty to take necessary steps)—

(a)

after
subsection (2)
insert—

“
(2ZA)

Subsections (1) and (2)(b) do not require a registration officer
to
make house to house inquiries in relation to a person
[page
104:
line
20
]
under
the age of 16.

(2ZB)

For the purposes of a register of parliamentary electors in
Great
Britain or a register of local government electors in
England,
subsections (1) and (2)(ba) do not require a
registration
officer to make contact, by telephone, with a
[page
104:
line
25
]
person
under the age of 16.
”
;

(b)

omit
subsection (2A)
.

5

In
section 9D
(6)
(exceptions to duty to conduct canvass: Great Britain), in
paragraph
(a)
, after “institutions” insert “or youth detention
accommodation”.

[page
104:
line
30
]
6

In
section 9E
(maintenance of registers: invitations to register in Great
Britain),
after
subsection (5)
insert—

“
(5A)

A requirement under subsection (4) may not be imposed on a person
under
the age of 16 in relation to registration as a parliamentary
elector
or as a local government elector in England.
”

[
p
age
105
]
7

In
section 10
(3)
(exceptions to duty to conduct canvass: Northern Ireland),
in

paragraph (a)
, after “institutions” insert “or youth detention
accommodation”.

8

In
section 13BD
(electoral identity document: Great Britain), in
subsection
[page
105:
line
5
]
(1)
(b)
(ii)
, for “18” substitute “16”.

9

In
section 13BE
(anonymous elector’s document: Great Britain), in
subsection
(1)
(b)
(ii)
, for “18” substitute “16”.

10

In
Schedule 1
(parliamentary elections rules)—

(a)

in rule 32 (admission to polling station), in paragraphs (1)(b) and
[page
105:
line
10
]
(ba)
and (1A), for “18” substitute “16”;

(b)

in rule 39 (voting by persons with disabilities), in paragraph (2)(b)(i),
for
“18” substitute “16”.

11

In
paragraph 3C
of
Schedule 2
(provision which may be contained in
regulations
for registration officer conducting canvass to obtain information),
[page
105:
line
15
]
after

sub-paragraph (3)
insert—

“
(4)

Provision under sub-paragraph (1A) or (2) may not authorise or
require
a registration officer taking steps in relation to a register
of
parliamentary electors, or a register of local government electors
in
England, to visit a particular address in order to speak to a
[page
105:
line
20
]
person
under the age of 16.
”

RPA
1985

12

In
section 8
of
RPA 1985
(proxies at parliamentary elections: Northern
Ireland),
in
subsection (4)
, for “he has attained the age of eighteen”
substitute
“the person has attained the age of 16”.

[page
105:
line
25
]
Local
Elections (Northern Ireland) Order 1985 (S.I. 1985/454)

13

In
Part 1
of
Schedule 2
to the
Local Elections (Northern Ireland) Order 1985

(S.I.
1985/454) (proxies at local elections), in
paragraph 3
(3)
, for “eighteen”
substitute
“16”.

RPA
2000

[page
105:
line
30
]
14

In
Schedule 4
to
RPA 2000
, in
paragraph 6
(proxies at elections: Great
Britain)—

(a)

in
sub-paragraph (5)
, for the words from the first “(other” to the
end
substitute “unless on the date of the poll the person has attained
the
age of 16.”;

[page
105:
line
35
]
(b)

omit
sub-paragraph (5A)
.

Police
Reform and Social Responsibility Act 2011

15

In section 51 of the Police Reform and Social Responsibility Act 2011
(vacancy
in the office of police and crime commissioner for a police area
in
Wales), in subsection (6C)(a)(ii) omit “, who has attained the age of 18”.

[
p
age
106
]
Recall
of MPs Act 2015

16

—

(1)
The Recall of MPs Act 2015 is amended as follows.

(2)

In section 14 (determination of whether recall petition successful), in
subsection
(3), for “18” substitute “16”.

[page
106:
line
5
]
(3)

In section 22 (interpretation), in subsection (3)(b)—

(a)

in the words before sub-paragraph (i), for “18” substitute “16”;

(b)

in that sub-paragraph, for “18” substitute “16”.

Part
2

Alignment
of registers

[page
106:
line
10
]
Aligning
parliamentary and local government registers: Wales and Scotland

17

—

(1)
A Welsh registration officer and a Scottish registration officer must register
in
a register of parliamentary electors maintained by the officer each person
who
is a qualifying young person in relation to the officer.

(2)

A person is a “qualifying young person” in relation to a Welsh registration
[page
106:
line
15
]
officer
or a Scottish registration officer if, immediately after
section 1
of
this
Act comes into force—

(a)

the person is under the age of 18,

(b)

the person is registered in the register of local government electors
maintained
by the officer,

[page
106:
line
20
]
(c)

the person is not registered in the register of parliamentary electors
maintained
by the officer, and

(d)

the person appears to the officer to be entitled to be registered in
the
register of parliamentary electors maintained by the officer (see
section
4
of
RPA 1983
).

[page
106:
line
25
]
(3)

The duty under
sub-paragraph (1)
does not apply in respect of a person if
the
Welsh registration officer or the Scottish registration officer receives
(whether
before or after
section 1
of this Act comes into force) an application
under

section 10ZC
of
RPA 1983
for registration in a register of
parliamentary
electors made by someone who appears to the officer to be
[page
106:
line
30
]
the
person.

(4)

For the purposes of
sub-paragraph (2)
(d)
, the following have effect as if
the
reference to the relevant date were a reference to the time immediately
after

section 1
of this Act comes into force—

(a)

subsection (1)
of
section 4
of
RPA 1983
, and

[page
106:
line
35
]
(b)

subsection (4A)
of
that section
(inserted by
section 3
of this Act).

(5)

If a qualifying young person has an anonymous entry in a register of local
government
electors in Wales or Scotland (as the case may be)—

(a)

the duty under
sub-paragraph (1)
is a duty to make an anonymous
entry
in a register of parliamentary electors in respect of the person,
[page
106:
line
40
]
and

[
p
age
107
]
(b)

the person’s entitlement to remain registered in a register of
parliamentary
electors terminates when the person’s entitlement to
remain
registered in a register of local government electors
terminates
under
section 9C
(1)
or a provision described in
section
[page
107:
line
5
]
9C
(2)
of
RPA 1983
.

(6)

RPA 1983
applies in connection with the registration of persons in a register
of
parliamentary electors under
sub-paragraph (1)
with the following
modifications—

(a)

section 4
(4B)
(entry in register for attainers) (inserted by
section 3

[page
107:
line
10
]
of
this Act) has effect in relation to a person registered under
sub-paragraph
(1)
of
this paragraph
as it has effect in relation to a
person
registered under
section 4
(1)
of
RPA 1983
in reliance on
section
4
(4A)
(inserted by
section 3
of this Act);

(b)

section 4
(5A)
(anonymous entries) (as amended by
section 3
of this
[page
107:
line
15
]
Act)
has effect in relation to a person registered under
sub-paragraph
(1)
of
this paragraph
as it has effect in relation to a person registered
under

section 4
(1)
of
RPA 1983
in reliance on
section 4
(4A)
(inserted
by

section 3
of this Act);

(c)

section 9
(duty of registration officer to maintain a register of
[page
107:
line
20
]
electors)
has effect as if
subsection (2)
(a)
of
that section
included a
reference
to the names of persons in respect of whom a duty to
register
arises under
sub-paragraph (1)
of
this paragraph
;

(d)

section 9E
(1)
(duty of registration officer to give an invitation to
apply
for registration) does not apply in relation to the registration
[page
107:
line
25
]
of
a person in a register of parliamentary electors while a registration
officer
is determining whether the duty under
sub-paragraph (1)
of
this
paragraph
applies in respect of the person;

(e)

section 13A
(1)
(za)
(publication of revised register) has effect as if it
included
a reference to a registration officer being required under
[page
107:
line
30
]
sub-paragraph
(1)
of
this paragraph
to enter a person in the register;

(f)

section 56
(registration appeals) has effect as if the decisions listed
in

subsection (1)
of
that section
included—

(i)

a decision of a registration officer to register a person under
sub-paragraph
(1)
of
this paragraph
;

[page
107:
line
35
]
(ii)

a decision of a registration officer not to register a person
under

sub-paragraph (1)
of
this paragraph
.

(7)

In
this paragraph
—

“
anonymous
entry”
has the same meaning as in
RPA 1983
(see section
9B(4));

“
[page
107:
line
40
]
register
of local government electors”
means a register of local
government
electors maintained under
section 9
(1)
(b)
of
RPA 1983

(registers
of local government electors);

“
register
of parliamentary electors”
means a register of parliamentary
electors
maintained under
section 9
(1)
(a)
of
RPA 1983
(registers of
[page
107:
line
45
]
parliamentary
electors);

“
[
p
age
108
]
Scottish
registration officer”
means a registration officer appointed
under

section 8
(3)
of
RPA 1983
;

“
Welsh
registration officer”
means a registration officer appointed
under

section 8
(2A)
of
RPA 1983
.

[page
108:
line
5
]
Registration
under
paragraph 17
: local connection and service declarations

18

—

(1)
This paragraph
applies to a person who, immediately before the coming
into
force of
section 1
of this Act, is registered in a register of local
government
electors pursuant to—

(a)

a qualifying declaration of local connection, or

[page
108:
line
10
]
(b)

a qualifying service declaration.

(2)

For the purposes of
paragraph 17
(2)
(d)
—

(a)

the qualifying declaration of local connection or the qualifying
service
declaration (as the case may be) is to be taken to have effect
for
the purposes of the person’s registration in a register of
[page
108:
line
15
]
parliamentary
electors, and

(b)

section 7C
(1)
and
17
(1)
of
RPA 1983
have effect as if the reference
to
when the person applies for registration were a reference to the
time
immediately after
section 1
of this Act comes into force.

(3)

RPA 1983
applies in connection with the registration of the person in a
[page
108:
line
20
]
register
of parliamentary electors under
paragraph 17
(1)
with the following
modifications
(in addition to the modifications described in
paragraph
17
(6)
)—

(a)

section 7C
(2)
(a)
(entitlement to remain registered pursuant to a
declaration
of local connection to cease 12 months after registration)
[page
108:
line
25
]
has
effect as if the entry in the register of parliamentary electors
took
effect at the same time as the entry in the register of local
government
electors;

(b)

section 7C
(2)
(c)
(entitlement to remain registered pursuant to a
declaration
of local connection to cease when another entry in a
[page
108:
line
30
]
register
takes effect) has effect as if the reference to another entry
in
any register of electors did not include the entry in the register
of
parliamentary electors made under
paragraph 17
(1)
;

(c)

section 15
(2)
(a)
(entitlement to remain registered pursuant to a
service
declaration to cease 12 months after registration) has effect
[page
108:
line
35
]
as
if the entry in the register of parliamentary electors took effect
at
the same time as the entry in the register of local government
electors;

(d)

section 15
(2)
(c)
(entitlement to remain registered pursuant to a
service
declaration to cease when another entry in a register takes
[page
108:
line
40
]
effect)
has effect as if the reference to another entry in any register
of
electors did not include the entry in the register of parliamentary
electors
made under
paragraph 17
(1)
.

(4)

A “qualifying declaration of local connection” means—

[
p
age
109
]
(a)

in relation to registration as a local government elector in Wales, a
declaration
falling within
section 7B
(7B)
(a)
or
(c)
of
RPA 1983
(as
those
provisions extend to England and Wales);

(b)

in relation to registration as a local government elector in Scotland,
[page
109:
line
5
]
a
declaration falling within
section 7B
(7B)
(a)
or
(b)
of
that Act
(as
those
provisions extend to Scotland).

(5)

A “qualifying service declaration” means—

(a)

in relation to registration as a local government elector in Wales, a
declaration
falling within
section 15
(5B)
(a)
or
(c)
of
RPA 1983
(as
[page
109:
line
10
]
those
provisions extend to England and Wales);

(b)

in relation to registration as a local government elector in Scotland,
a
declaration falling within
section 15
(5B)
(a)
or
(b)
of
that Act
(as
those
provisions extend to Scotland).

(6)

In
this paragraph
, “register of local government electors” and “register of
[page
109:
line
15
]
parliamentary
electors” have the same meaning as in
paragraph 17
.

Registration
under
paragraph 17
: absent voters

19

—

(1)
This paragraph
applies where—

(a)

a registration officer registers a person in a register of parliamentary
electors
under
paragraph 17
, and

[page
109:
line
20
]
(b)

the person appears on—

(i)

a record kept by the registration officer under
paragraph
3
(4)
of
Schedule 4
to
RPA 2000
(record of applications
granted
for postal and proxy vote for an indefinite or other
period),
or

[page
109:
line
25
]
(ii)

a list kept by the officer under
paragraph 5
of
that Schedule

(absent
voters list for particular elections).

(2)

The registration officer must give notice in writing to the person which—

(a)

states that the person has been registered in a register of
parliamentary
electors,

[page
109:
line
30
]
(b)

explains the effect of a person’s entry in a record or list described
in

sub-paragraph (1)
(b)
, and

(c)

provides information about making an application for a postal or
proxy
vote for parliamentary elections under
paragraph 3
or
4
of
Schedule
4
to
RPA 2000
.

[page
109:
line
35
]
(3)

In
this paragraph
, “register of parliamentary electors” has the same meaning
as
in
paragraph 17
.

[
p
age
110
]
Schedule
2

Section 19

Registration
etc without an application: further provision

RPA
1983

1

RPA 1983
is amended as follows.

[page
110:
line
5
]
2

In
section 4
(entitlement to be registered as parliamentary or local
government
elector), in
subsection (6)
, in the definition of “the relevant
date”—

(a)

after “means” insert “whichever of the following is relevant”;

(b)

at the end insert—

“
[page
110:
line
10
]
(c)

in the case of a person who is the subject of a notice
under

section 12B
(1)
, the date on which the response
period
specified in the notice ends or, if earlier, the
date
during that period on which the person confirms
that
they wish to be registered under
section 12A
.
”

[page
110:
line
15
]
3

In
section 9
(registers of electors), in
subsection (2)
(a)
, after “whom” insert
“
—

(i)

a duty to register arises under
section 12A
, or

4

In
section 9E
(maintenance of registers: invitations to register in Great
[page
110:
line
20
]
Britain),
before
subsection (2)
insert—

“
(1B)

Subsection (1) does not apply in relation to the registration of a
person
in a register of electors if—

(a)

the registration officer has a duty to register the person in
the
register under
section 12A
,

[page
110:
line
25
]
(b)

the registration officer has given the person a notice in
relation
to the register under
section 12B
(1)
and the response
period
specified in the notice has not ended,

(c)

the registration officer has a duty to give the person a notice
in
relation to the register under
section 12B
(1)
,

[page
110:
line
30
]
(d)

the registration officer has yet to complete any steps
prescribed
under section 53 in connection with the duties
under

section 12A
or
12B
as they relate to the person, or

(e)

for other reasons, the registration officer has yet to decide
whether
the duty under
section 12A
or
12B
applies in relation
[page
110:
line
35
]
to
the person.
”

5

In the heading of
section 10ZC
(registration of electors in Great Britain), at
the
end insert “: applications for registration”.

6

In the heading of
section 10ZD
(registration of electors in Great Britain:
alterations),
after “Britain:” insert “applications for”.

[
p
age
111
]
7

In
section 13A
(alteration of registers), in
subsection (1)
, after
paragraph
(a)
insert—

“
(aa)

is required by
section 12A
(1)
to enter a person in the register;

(ab)

is required by
section 12E
(1)
to alter a person’s entry in the
[page
111:
line
5
]
register;
”
.

8

In
section 13AB
(alteration of registers in Great Britain: interim publication
dates),
in
subsection (1)
(a)
, before “(b)” insert “(aa), (ab),”.

9

In
section 13B
(alteration of registers in Great Britain: pending elections),
in

subsection (2)
, as it extends to England and Wales and Scotland, in
[page
111:
line
10
]
paragraph
(a)
, before “(b)” insert “(aa), (ab),”.

10

In
section 13BA
(alteration of registers in Northern Ireland: pending
elections),
in
subsection (5)
(a)
, after “13A(1)(a),” (inserted by
section 34
(3)
(c)

of
this Act) insert “(aa), (ab),”.

11

In
section 56
(registration appeals: England and Wales), in
subsection (1)
[page
111:
line
15
]
,
after
paragraph (ab)
insert—

“
(aba)

from any decision of a registration officer to register a person
under

section 12A
(1)
;

(abb)

from any decision of a registration officer to alter a person’s
entry
in a register under
section 12E
(1)
;
”
.

[page
111:
line
20
]
12

In
section 58
(registration appeals: Northern Ireland), in
subsection (1)
, after
paragraph
(ba)
insert—

“
(baa)

from any decision of the Chief Electoral Officer for Northern
Ireland
to register a person under
section 12A
(1)
;

(bab)

from any decision of the Chief Electoral Officer for Northern
[page
111:
line
25
]
Ireland
to alter a person’s entry in a register under
section
12E
(1)
;
”
.

13

In
section 201
(regulations)—

(a)

in
subsection (2)
, after
paragraph (a)
(inserted by
paragraph 50
of
Schedule
8
to this Act) insert—

“
[page
111:
line
30
]
(aa)

section
12B
(5)
,
12C
(4)
,
12F
(5)
or
12G
(4)
,
”
;

(b)

in
subsection (2A)
, after
paragraph (a)
(inserted by
paragraph 50
of
Schedule
8
to this Act) insert—

“
(aa)

section
12B
(5)
,
12C
(4)
,
12F
(5)
or
12G
(4)
,
”
.

14

In
Schedule 2
(provisions which may be contained in regulations as to
[page
111:
line
35
]
registration
etc), after
paragraph 1B
insert—

“
1BA

Provision authorising or requiring a registration officer to take
specified
steps for the purpose of deciding, for the purposes of
section

12A
,
12B
,
12E
or
12F
, whether a person is of voting age
and
entitled to be registered in the register.
”

[
p
age
112
]
RPA
1985

15

RPA 1985
is amended as follows.

16

In
section 1A
(qualification as an overseas elector in respect of a
constituency),
after
subsection (4)
insert—

“
[page
112:
line
5
]
(4A)

For the purposes of subsections (2)(b) and (3)(c), the person’s
inclusion
in an electoral register is to be disregarded where—

(a)

the person was included by means of an entry made in the
register
under section 9ZA or
12A
of the principal Act
(registration
without an application),

[page
112:
line
10
]
(b)

the person did not inform the registration officer that they
wanted
the entry to be made, and

(c)

immediately before the entry was made, the person—

(i)

was a British citizen,

(ii)

was not resident in the United Kingdom, and

[page
112:
line
15
]
(iii)

satisfied the previous registration condition or the
previous
residence condition (where relevant, read
with
this subsection).
”

17

In
section 1C
(overseas elector’s declaration), after
subsection (2)
insert—

“
(2A)

Section 1A
(4A)
applies for the purposes of subsection (2)(b) as it
[page
112:
line
20
]
applies
for the purposes of section 1A(2)(b).
”

18

In
section 1D
(duration of entitlement to be registered in pursuance of an
overseas
elector’s declaration), after
subsection (4)
insert—

“
(4A)

For the purposes of subsection (4)(d), an entry made in an electoral
register
in respect of the person is to be disregarded where—

[page
112:
line
25
]
(a)

the entry was made under section 9ZA or
12A
of the
principal
Act (registration without an application),

(b)

the person did not inform the registration officer that they
wanted
the entry to be made, and

(c)

immediately before the entry was made, the person—

[page
112:
line
30
]
(i)

was a British citizen,

(ii)

was not resident in the United Kingdom, and

(iii)

could validly make the statement described in
subsection
(2)(b) of section 1E (where relevant, read
with

subsection (2A)
of that section).
”

[page
112:
line
35
]
19

In
section 1E
(renewal declaration), after
subsection (2)
insert—

“
(2A)

Section 1D
(4A)
applies for the purposes of subsection (2)(b) as it
applies
for the purposes of section 1D(4)(d).
”

[
p
age
113
]
Schedule
3

Section 48

Absent
voting

Part
1

Absent
voting in Great Britain

[page
113:
line
5
]
Introduction

1

Schedule 4
to
RPA 2000
(absent voting in Great Britain) is amended as set
out
in
paragraphs 2
to
12
.

Interpretation

2

In
paragraph 1
(interpretation), after
sub-paragraph (1)
insert—

“
[page
113:
line
10
]
(1A)

In this Schedule, except as otherwise provided, a reference to
someone
who will be registered includes someone who has
applied
to be registered where there is no reason not to register
them
other than the fact that the objections period has not ended.

(1B)

In sub-paragraph (1A) “the objections period”, in relation to an
[page
113:
line
15
]
application
for registration, means the period prescribed under
section
10ZC(2) of the 1983 Act for making objections to the
application
before it is determined.

(1C)

Provisions in this Schedule imposing duties to grant an
application,
or to take steps once an application is granted, are
[page
113:
line
20
]
subject
to regulations under
paragraph 7G
(refusing or
disregarding
applications).
”

Regulations

3

After
paragraph 1
insert—

“
Regulations

[page
113:
line
25
]
1A

—

(1)
Regulations under this Schedule are to be made by the appropriate
national
authority.

(2)

“The appropriate national authority” means—

(a)

in relation to local government elections in Scotland, the
Scottish
Ministers;

[page
113:
line
30
]
(b)

in relation to local government elections in Wales, the
Welsh
Ministers;

(c)

in relation to other elections, the Secretary of State.

(3)

Regulations made by the Scottish Ministers under this Schedule
are
subject to the affirmative procedure (see
section 29
of the
[page
113:
line
35
]
Interpretation
and Legislative Reform (Scotland) Act 2010
(asp
10)).

[
p
age
114
]
(4)

Regulations made by the Welsh Ministers under this Schedule
are
subject to the Senedd approval procedure (see
section 37C
of
the

Legislation (Wales) Act 2019
(anaw 4)).
”

Absent
vote at elections for a period

[page
114:
line
5
]
4

—

(1)
Paragraph 3
(absent vote at elections for a period) is amended as follows.

(2)

In
sub-paragraph (1A)
, for
paragraph (a)
(but not the “or” at the end)
substitute—

“
(a)

the maximum permitted period (see
sub-paragraph (1AA)
),
”
.

(3)

After
sub-paragraph (1A)
insert—

“
[page
114:
line
10
]
(1AA)

The maximum permitted period is—

(a)

in a case in which the registration officer both receives
and
grants the application under sub-paragraph (1) in a
period
beginning with 1 October and ending with 30
January
in the next year, the period ending with the fourth
[page
114:
line
15
]
31
January following the date on which the application is
granted;

(b)

in any other case, the period ending with the third 31
January
following the date on which the application is
granted.
”

[page
114:
line
20
]
(4)

In
sub-paragraph (4)
, in the words before
paragraph (a)
, for “this paragraph”
substitute
“sub-paragraph (1) or (2)”.

(5)

After
sub-paragraph (4)
insert—

“
(4A)

Where—

(a)

a person is shown in the record in respect of a kind of
[page
114:
line
25
]
election,
and

(b)

a subsequent application by the person under
sub-paragraph
(1) or (2) is granted in respect of that kind
of
election,

the
registration officer must ensure that, so far as relating to that
[page
114:
line
30
]
person
in respect of that kind of election, the record shows only
the
information required to be shown by virtue of the subsequent
application.
”

(6)

In
sub-paragraph (5)
—

(a)

in the words before
paragraph (a)
, after “record” insert “in respect
[page
114:
line
35
]
of
a kind of election”;

(b)

for
paragraph (a)
substitute—

“
(a)

if the officer grants an application by the person to
be
removed (and see
sub-paragraph (5A)
),

(aza)

if the officer grants an application by the person
[page
114:
line
40
]
under
paragraph 4(1), (2) or (2A) to vote by post or
by
proxy at a particular election of the kind in
[
p
age
115
]
question,
unless regulations require the person not
to
be removed,

(azb)

where the person’s application under sub-paragraph
(1)
or (2) of this paragraph was granted in reliance
[page
115:
line
5
]
on
paragraph 1(1A), if the person’s application for
registration
is subsequently refused or withdrawn,
”
.

(7)

After
sub-paragraph (5)
insert—

“
(5A)

The registration officer must grant an application under
sub-paragraph
(5)
(a)
that meets the prescribed requirements.

[page
115:
line
10
]
(5B)

Regulations under sub-paragraph (5)
(aza)
may, among other
things,
make provision by reference to circumstances relating to
the
registration officer’s satisfaction as to any matter.
”

(8)

Omit
sub-paragraphs (6)
to
(7B)
.

Postal
vote at elections for a period: alternative arrangements

[page
115:
line
15
]
5

After
paragraph 3
insert—

“
Postal
vote at elections for a period: alternative arrangements for particular
election

3A

—

(1)
Where a person is shown in the record kept under paragraph
3(4)
as voting by post at a kind of election, the person may apply
[page
115:
line
20
]
to
the registration officer—

(a)

for the person’s ballot paper for a particular election of
the
kind in question to be sent to a different address from
that
shown in the record;

(b)

to vote instead in person at a particular election of the
[page
115:
line
25
]
kind
in question (as mentioned in paragraph 2(2)).

(2)

The registration officer must grant an application under this
paragraph
that meets the prescribed requirements.
”

Absent
vote at particular election

6

In
paragraph 4
(absent vote at particular election) omit
sub-paragraphs (3)

[page
115:
line
30
]
and

(4)
.

Absent
voters list

7

—

(1)
Paragraph 5
(absent voters list) is amended as follows.

(2)

In
sub-paragraph (2)
(b)
—

(a)

for “paragraph 3 as” substitute “paragraph 3(4) as”;

[page
115:
line
35
]
(b)

for “(excluding those so shown whose applications under paragraph
4(3)(b)
above to vote by proxy at the election have been granted)”
substitute
“and who are not excluded persons (see
sub-paragraph
(2A)
)”;

[
p
age
116
]
(c)

for “paragraph 3 or” substitute “paragraph 3(1) or (2) or”;

(d)

for “paragraph 4(3)(a)” substitute “
paragraph 3A
(1)
(a)
”.

(3)

After sub-paragraph (2) insert—

“
(2A)

For the purpose of sub-paragraph (2)(b), a person is “excluded”
[page
116:
line
5
]
if—

(a)

an application by the person under
paragraph 3A
(1)
(b)
to
vote
in person at the election concerned has been granted,

(b)

in respect of elections of the kind in question, the person
is
for the time being shown in the record kept under
[page
116:
line
10
]
paragraph
3(4) as voting by post only by virtue of
regulations
under paragraph 3(5)
(aza)
(exceptions from
duty
to remove person from record where application
under
paragraph 4(1), (2) or (2A) granted), or

(c)

in respect of elections of the kind in question, the person
[page
116:
line
15
]
is
for the time being shown in the record kept under
paragraph
3(4) as voting by post by virtue of an
application
granted for a period which is to expire—

(i)

on or after the day on which the notice of an
election
must be published, and

[page
116:
line
20
]
(ii)

before the day of the poll for the election.

(2B)

In relation to a person shown in the postal voters list in respect
of
whom a subsequent application is granted—

(a)

under paragraph 3(1) to vote by post at elections of the
kind
in question, or

[page
116:
line
25
]
(b)

under paragraph 4(1) to vote by post at the election in
question,

the
registration officer must ensure that the list shows only the
information
required to be shown by virtue of the subsequent
application
(and any associated change to the record kept under
[page
116:
line
30
]
paragraph
3(4)).

(2C)

The registration officer must remove from the postal voters list
a
person who is shown in the list by virtue of sub-paragraph
(2)(a)—

(a)

if the officer grants an application by the person to be
[page
116:
line
35
]
removed
(and see
sub-paragraph (3D)
),

(b)

if the officer grants an application by the person under
paragraph
3(2) to vote by proxy at elections of the kind
in
question,

(c)

if the officer grants an application by the person under
[page
116:
line
40
]
paragraph
4(2) or (2A) to vote by proxy at the election in
question,

(d)

where the person’s application under paragraph 4(1) was
granted
in reliance on paragraph 1(1A), if the person’s
application
for registration is subsequently refused or
[page
116:
line
45
]
withdrawn,
or

[
p
age
117
]
(e)

where the person is a registered person, if the person
ceases
to be registered or registered at the same qualifying
address
or ceases to be, or becomes, registered in
pursuance
of—

[page
117:
line
5
]
(i)

a service declaration,

(ii)

a declaration of local connection, or

(iii)

an overseas elector’s declaration.
”

(4)

In
sub-paragraph (3)
—

(a)

in
paragraph (a)
, for “(3)” substitute “(2A)”;

[page
117:
line
10
]
(b)

in
paragraph (b)
—

(i)

for “paragraph 3” substitute “paragraph 3(4)”;

(ii)

after “question” insert “and who are not excluded persons
(see

sub-paragraph (3A)
)”.

(5)

After
sub-paragraph (3)
insert—

“
[page
117:
line
15
]
(3A)

For the purpose of sub-paragraph (3)(b), a person is “excluded”
if,
in respect of elections of the kind in question, the person is
for
the time being shown in the record kept under paragraph
3(4)
as voting by proxy only by virtue of regulations under
paragraph
3(5)
(aza)
(exceptions from duty to remove person from
[page
117:
line
20
]
record
where application under paragraph 4(1), (2) or (2A)
granted).

(3B)

In relation to a person shown in the list of proxies in respect of
whom
a subsequent application is granted—

(a)

under paragraph 3(2) to vote by proxy at elections of the
[page
117:
line
25
]
kind
in question, or

(b)

under paragraph 4(2) or (2A) to vote by proxy at the
election
in question,

the
registration officer must ensure that the list shows only the
information
required to be shown by virtue of the subsequent
[page
117:
line
30
]
application
(and any associated change to the record kept under
paragraph
3(4)).

(3C)

The registration officer must remove from the list of proxies a
person
who is shown in the list by virtue of sub-paragraph
(3)(a)—

[page
117:
line
35
]
(a)

if the officer grants an application by the person to be
removed
(and see
sub-paragraph (3D)
),

(b)

if the officer grants an application by the person under
paragraph
3(1) to vote by post at elections of the kind in
question,

[page
117:
line
40
]
(c)

if the officer grants an application by the person under
paragraph
4(1) to vote by post at the election in question,

(d)

where the person’s application under paragraph 4(2) was
granted
in reliance on paragraph 1(1A), if the person’s
[
p
age
118
]
application
for registration is subsequently refused or
withdrawn,
or

(e)

where the person is a registered person, if the person
ceases
to be registered or registered at the same qualifying
[page
118:
line
5
]
address
or ceases to be, or becomes, registered in
pursuance
of—

(i)

a service declaration,

(ii)

a declaration of local connection, or

(iii)

an overseas elector’s declaration.

[page
118:
line
10
]
(3D)

The registration officer must grant an application under
sub-paragraph
(2C)
(a)
or
(3C)
(a)
that meets the prescribed
requirements.
”

Proxies
at elections

8

—

(1)
Paragraph 6
(proxies at elections) is amended as follows.

[page
118:
line
15
]
(2)

In
sub-paragraph (3)
—

(a)

the words from “the person” to the end become
paragraph (a)
;

(b)

in
that paragraph
omit “or will be”;

(c)

after
that paragraph
insert
“
, or

(b)

ignoring paragraph 1
(1A)
, the person will be
[page
118:
line
20
]
registered
in such a register.
”

(3)

In
sub-paragraph (3A)
—

(a)

the words from “the person” to the end become
paragraph (a)
;

(b)

in
that paragraph
omit “or will be”;

(c)

after
that paragraph
insert
“
, or

[page
118:
line
25
]
(b)

ignoring paragraph 1
(1A)
, the person will be
registered
in such a register.
”

(4)

In
sub-paragraph (7)
(b)
, for “paragraph 3” substitute “paragraph 3(4)”.

(5)

In
sub-paragraph (8)
(b)
, for “(3)” substitute “(2A)”.

(6)

In
sub-paragraph (10)
—

[page
118:
line
30
]
(a)

in the words before
paragraph (a)
, for “may be cancelled by the
elector
by giving notice to the registration officer and shall also
cease”
substitute “ceases”;

(b)

before
paragraph (a)
insert—

“
(za)

if the registration officer grants an application by the
[page
118:
line
35
]
elector
to cancel the appointment (and see
sub-paragraph
(10A)
),
”
;

(c)

in
paragraph (a)
—

[
p
age
119
]
(i)

after “parliamentary elections”, in the first place it occurs,
insert

“
—

(i)

on the proxy ceasing to be registered
in
a register of parliamentary electors
[page
119:
line
5
]
in
Great Britain or Northern Ireland,
or

(ii)

in the words that become
sub-paragraph (ii)
, for “him”
substitute
“the elector”;

[page
119:
line
10
]
(d)

in
paragraph (b)
—

(i)

after “local government elections”, in the first place it occurs,
insert

“
—

(i)

on the proxy ceasing to be registered
in
a register of local government
[page
119:
line
15
]
electors
in Great Britain or Northern
Ireland,
or

(ii)

in the words that become
sub-paragraph (ii)
, for “him”
substitute
“the elector”.

[page
119:
line
20
]
(7)

After
sub-paragraph (10)
insert—

“
(10A)

The registration officer must grant an application under
sub-paragraph
(10)
(za)
that meets the prescribed requirements.
”

(8)

In
sub-paragraph (11)
—

(a)

in the words before
paragraph (a)
, for “Subject to” substitute “Except
[page
119:
line
25
]
where
the appointment ceases to be in force by virtue of”;

(b)

in
paragraph (a)
, for “for that election” substitute “while the elector
is
shown as voting by proxy at that election in the list kept under
paragraph
5(3)”;

(c)

in
paragraph (b)
, for “paragraph 3” substitute “paragraph 3(4)”.

[page
119:
line
30
]
Voting
as proxy

9

—

(1)
Paragraph 7
(voting as proxy) is amended as follows.

(2)

In
sub-paragraph (5A)
, for
paragraph (a)
(but not the “or” at the end)
substitute—

“
(a)

the maximum permitted period (see
sub-paragraph (5B)
),
”
.

[page
119:
line
35
]
(3)

After
sub-paragraph (5A)
insert—

“
(5B)

The maximum permitted period is—

(a)

in a case in which the registration officer both receives
and
grants the application under sub-paragraph (4)(a) in
a
period beginning with 1 October and ending with 30
[page
119:
line
40
]
January
in the next year, the period ending with the fourth
[
p
age
120
]
31
January following the date on which the application is
granted;

(b)

in any other case, the period ending with the third 31
January
following the date on which the application is
[page
120:
line
5
]
granted.
”

(4)

After
sub-paragraph (6)
insert—

“
(6A)

Where—

(a)

a person is included in the record kept under
sub-paragraph
(6) in respect of a kind of election, and

[page
120:
line
10
]
(b)

a subsequent application by the person under
sub-paragraph
(4)(a) is granted in respect of that kind of
election,

the
registration officer must ensure that, so far as relating to that
person
in respect of that kind of election, the record shows only
[page
120:
line
15
]
the
information required to be shown by virtue of the subsequent
application.
”

(5)

Omit
sub-paragraph (7)
.

(6)

In
sub-paragraph (8)
(a)
—

(a)

after “kind in question” insert “and who are not excluded persons
[page
120:
line
20
]
(see

sub-paragraph (8ZA)
)”;

(b)

for “sub-paragraph (7)” substitute “
paragraph 7ZA
(1)
(a)
”.

(7)

After
sub-paragraph (8)
insert—

“
(8ZA)

For the purpose of sub-paragraph (8)(a) a person is “excluded”
if—

[page
120:
line
25
]
(a)

an application by the person to vote in person at the
election
in question has been granted or (see
paragraph
7ZA
(1)
(b)
), or

(b)

in respect of elections of the kind in question, the person
is
for the time being shown in the record kept under
[page
120:
line
30
]
sub-paragraph
(6) as voting by post by virtue of an
application
under sub-paragraph (4)(a) granted for a
period
which is to expire—

(i)

on or after the day on which the notice of the
election
must be published, and

[page
120:
line
35
]
(ii)

before the day of the poll for the election.

(8ZB)

In relation to a person shown in the proxy postal voters list in
respect
of whom a subsequent application is granted—

(a)

under sub-paragraph (4)(a) to vote by post as proxy at
elections
of the kind in question, or

[page
120:
line
40
]
(b)

under sub-paragraph (4)(b) to vote by post as proxy at
the
election in question,

the
registration officer must ensure that the list shows only the
information
required to be shown by virtue of the subsequent
[
p
age
121
]
application
(and any associated change to the record kept under
sub-paragraph
(6)).
”

(8)

In
sub-paragraph (9)
—

(a)

in the words before
paragraph (a)
, after “sub-paragraph (6)” insert
[page
121:
line
5
]
“in
respect of a kind of election”;

(b)

for
paragraph (a)
substitute—

“
(a)

if the officer grants an application by the person to
be
removed (and see
sub-paragraph (9B)
),

(aa)

if the officer grants an application by the person
[page
121:
line
10
]
under
sub-paragraph (4)(b) to vote by post as proxy
at
a particular parliamentary or local government
election
”
;

(c)

omit
paragraph (b)
.

(9)

After
sub-paragraph (9)
insert—

“
[page
121:
line
15
]
(9A)

The registration officer must remove from the proxy postal voters
list
a person who is shown in the list by virtue of an application
under
sub-paragraph (4)(b)—

(a)

if the officer grants an application by the person to be
removed
(and see
sub-paragraph (9B)
), or

[page
121:
line
20
]
(b)

if the person’s appointment as proxy in respect of the
elector
ceases to be in force (whether or not the person is
reappointed).

(9B)

The registration officer must grant an application under
sub-paragraph
(9)(a) or
(9A)
(a)
that meets the prescribed
[page
121:
line
25
]
requirements.
”

Voting
by post as proxy at elections for a period: alternative arrangements

10

After
paragraph 7
insert—

“
Voting
by post as proxy for elections for a period: alternative arrangements for
particular
elections

[page
121:
line
30
]
7ZA

—

(1)
Where a person is included in the record kept under paragraph
7(6)
as voting by post as proxy at a kind of election, the person
may
apply to the registration officer—

(a)

for the person’s ballot paper for a particular election of
the
kind in question to be sent to a different address from
[page
121:
line
35
]
that
shown in the record;

(b)

to vote instead in person at a particular election of the
kind
in question (as mentioned in paragraph 7(1)).

(2)

The registration officer must grant an application under this
paragraph
that meets the prescribed requirements.
”

[
p
age
122
]
Power
for Scottish Ministers to make certain regulations: consequential repeal

11

Omit
paragraph 7F
(regulations under paragraph 7E in relation to local
government
elections in Scotland) and the italic heading before it.

Refusing
or disregarding applications

[page
122:
line
5
]
12

Before the italic heading before
paragraph 8
insert—

“
Refusing
or disregarding applications

7G

—

(1)
Regulations may provide that—

(a)

a registration officer considering an application under this
Schedule
during an election period must, in prescribed
[page
122:
line
10
]
circumstances,
refuse the application, or

(b)

the grant of an application under this Schedule during
the
election period for an election must, in prescribed
circumstances,
be disregarded for the purposes of that
election.

[page
122:
line
15
]
(2)

Regulations under this paragraph may, among other things—

(a)

make provision by reference to circumstances relating to
a
registration officer’s satisfaction as to any matter;

(b)

make provision about the information to be included in
a
record or list kept under this Schedule where the grant
[page
122:
line
20
]
of
an application must be disregarded.

(3)

In this paragraph, “election period” means a period which—

(a)

begins with the day on which the notice of an election
must
be published, and

(b)

ends with the day of the poll for the election.
”

[page
122:
line
25
]
Part
2

Absent
voting in Northern Ireland

Introduction

13

RPA 1985
is amended as set out in
paragraphs 14
to
17
.

Absent
vote at elections for an indefinite period

[page
122:
line
30
]
14

—

(1)
Section 6
(absent vote at elections for an indefinite period) is amended as
follows.

(2)

In
subsection (1A)
(b)
(applications which state that the applicant does not
have
a national insurance number), for the words from “no such number”
to
the end substitute “the requirements of
subsection (1C)
below are met”.

[page
122:
line
35
]
(3)

After
subsection (1B)
insert—

“
(1C)

The requirements of this subsection are met if—

[
p
age
123
]
(a)

no national insurance number was supplied as the applicant’s
national
insurance number pursuant to section 10(4A)(c)(i),
10A(1A)(c)(i)
or 13A(2A)(c)(i) of the principal Act, and

(b)

the registration officer does not have any reason to believe
[page
123:
line
5
]
that
the applicant has a national insurance number.
”

(4)

In
subsection (4)
, after
paragraph (a)
insert—

“
(aa)

in the case of a person whose application under this section
is
granted in reliance on
subsection (9)
(meaning of references
to
someone who will be registered), if the person’s
[page
123:
line
10
]
application
for registration is subsequently refused or
withdrawn,
”
.

(5)

After
subsection (8)
insert—

“
(9)

In this section—

(a)

a reference to someone who will be registered includes
[page
123:
line
15
]
someone
who has applied to be registered where there is no
reason
not to register them other than the fact that the
objections
period has not ended;

(b)

a reference to someone who will be digitally registered, or
whose
registration will be pursuant to an application
[page
123:
line
20
]
submitted
through the UK digital service, includes someone
who
has applied to be registered through that service where
there
is no reason not to register them other than the fact
that
the objections period has not ended.

(10)

In
subsection (9)
“the objections period”, in relation to an application
[page
123:
line
25
]
for
registration, means the period prescribed under section 10A(3)
of
the principal Act for making objections to the application before
it
is determined.
”

Absent
vote at a particular election

15

—

(1)
Section 7
(absent vote at a particular election) is amended as follows.

[page
123:
line
30
]
(2)

In
subsection (1A)
(b)
(applications which state that the applicant does not
have
a national insurance number), for the words from “no such number”
to
the end substitute “the requirements of
subsection (1C)
below are met”.

(3)

After
subsection (1B)
insert—

“
(1C)

The requirements of this subsection are met if—

[page
123:
line
35
]
(a)

no national insurance number was supplied as the applicant’s
national
insurance number pursuant to section 10(4A)(c)(i),
10A(1A)(c)(i)
or 13A(2A)(c)(i) of the principal Act, and

(b)

the registration officer does not have any reason to believe
that
the applicant has a national insurance number.
”

[
p
age
124
]
(4)

After
subsection (4A)
insert—

“
(4B)

The registration officer must remove from the absent voters list a
person
who is shown in the list by virtue of an application under
subsection
(1)—

[page
124:
line
5
]
(a)

where that application was granted in reliance on
subsection
(8)
(meaning of references to someone who will be
registered),
if the person’s application for registration is
subsequently
refused or withdrawn, or

(b)

in the case of any registered person, if the person ceases to
[page
124:
line
10
]
be
registered or registered at the same qualifying address
or
ceases to be, or becomes, registered as a service voter or
in
pursuance of a declaration of local connection or an
overseas
elector’s declaration.
”

(5)

After
subsection (7)
insert—

“
[page
124:
line
15
]
(8)

Subsection (9)
of section 6 (meaning of references to someone who
will
be registered) has effect for the purposes of this section as it
has
effect for the purposes of that section.
”

Proxies
at elections

16

—

(1)
Section 8
(proxies at elections) is amended as follows.

[page
124:
line
20
]
(2)

After
subsection (7A)
insert—

“
(7B)

Subsection (9)
(a)
of section 6 (meaning of references to someone
who
will be registered) has effect for the purposes of subsections
(6)
and (7) of this section as it has effect for the purposes of that
section.
”

[page
124:
line
25
]
(3)

In
subsection (9)
, after “cease to be in force” insert “—

(a)

where the appointment is made in reliance on
subsection
(7B)
(meaning of references to someone who will be
registered),
if the elector’s application for registration is
subsequently
refused or withdrawn, or

Voting
as proxy

17

—

(1)
Section 9
(voting as proxy) is amended as follows.

(2)

After
subsection (10)
insert—

“
(10A)

Subsection (9)
(a)
of section 6 (meaning of references to someone
[page
124:
line
35
]
who
will be registered) has effect for the purposes of subsection
(10)(a)
of this section as it has effect for the purposes of that section.
”

(3)

In
subsection (11)
, after
paragraph (a)
insert—

“
(aa)

where the person’s application under subsection (4) is
granted
in reliance on
subsection (10A)
(meaning of
[
p
age
125
]
references
to someone who will be registered), if the elector’s
application
for registration is subsequently refused or
withdrawn,
”

(4)

After
subsection (11)
insert—

“
[page
125:
line
5
]
(11ZA)

The registration officer must remove from the special list kept under
subsection
(9) a person who is shown in the list by virtue of an
application
under subsection (7)—

(a)

where the person was included in the special list on the
ground
mentioned in subsection (7)(b), if the person ceases
[page
125:
line
10
]
to
be included in the absent voters list by virtue of which
the
person was included in the special list,

(b)

where the person was included in the special list on the
ground
mentioned in subsection (7)(c), if the elector ceases
to
have an anonymous entry,

[page
125:
line
15
]
(c)

if the elector ceases to be registered as mentioned in
subsection
(10)(a),

(d)

where that application was granted in reliance on
subsection
(10A)
(meaning of references to someone who will be
registered),
if the elector’s application for registration is
[page
125:
line
20
]
subsequently
refused or withdrawn, or

(e)

if the appointment of the person concerned as the elector’s
proxy
ceases to be in force (whether or not the person is
reappointed).
”

Part
3

[page
125:
line
25
]
Other
provision relating to absent voting

Offences

18

RPA 1983
is amended as set out in
paragraphs 19
to
23
.

19

In
section 13CA
(offence of providing false information in connection with
applications
relating to absent voting at Scottish local government elections),
[page
125:
line
30
]
in

subsection (2)
, for
paragraph (b)
substitute—

“
(b)

made under
Schedule 4
to the
Representation of the People
Act
2000
(absent voting).
”

20

In
section 13D
(offence of providing false information), in
subsection (1A)
—

(a)

for “to which any of the following provisions of” substitute “under”;

[page
125:
line
35
]
(b)

omit “applications relating to”;

(c)

omit “applies”;

(d)

omit
paragraphs (a)
to
(c)
.

[
p
age
126
]
21

In section 61 (voting offences other than personation), after subsection (1A)
insert—

“
(1B)

In subsection (1A), a reference to P being a person who will be
registered
includes P being a person who has applied to be
[page
126:
line
5
]
registered
where there is no reason not to register P other than the
fact
that the objections period has not ended.

(1C)

In subsection (1B) “the objections period”, in relation to an
application
for registration, means the period prescribed under
section
10ZC(2) (in relation to Great Britain) or 10A(3) (in relation
[page
126:
line
10
]
to
Northern Ireland) for making objections to the application before
it
is determined.
”

22

In
section 62A
(offences relating to applications for postal and proxy
votes)—

(a)

in the heading, at the end insert “etc”;

[page
126:
line
15
]
(b)

in
subsection (2)
, in
paragraph (b)
, for “application for a postal or
proxy
vote” substitute “absent voting application”;

(c)

after
subsection (4)
insert—

“
(4A)

In subsection (2)(b), “absent voting application” means—

(a)

an application under
Schedule 4
to the
Representation
[page
126:
line
20
]
of
the People Act 2000
(absent voting in Great
Britain);

(b)

an application under
section 6
,
7
,
8
or
9
of the
Representation
of the People Act 1985
(absent voting
in
Northern Ireland).
”

[page
126:
line
25
]
23

In
section 62B
(Scottish local government elections: offences relating to
applications
for postal and proxy votes)—

(a)

in the heading, at the end insert “etc”;

(b)

in
subsection (3)
, in
paragraph (b)
, for “for a postal or proxy vote”
substitute
“under Schedule 4 to the Representation of the People
[page
126:
line
30
]
Act
2000 (absent voting)”.

Regulations
as to registration etc

24

—

(1)
Schedule 2
to
RPA 1983
(provisions which may be contained in regulations
as
to registration etc) is amended as follows.

(2)

In
paragraph 1
, in
sub-paragraph (5A)
(references to a registration officer’s
[page
126:
line
35
]
registration
duties)—

(a)

in
paragraph (a)
(ii)
omit “paragraph 3, 4 or 6 of”;

(b)

in
paragraph (b)
(ii)
, for “or 8” substitute “, 8 or 9”.

(3)

In
paragraph 1A
, in
sub-paragraph (7)
(a)
(meaning of “relevant absent
voting
application”)—

[page
126:
line
40
]
(a)

in
sub-paragraph (i)
omit “paragraph 3, 4 or 6 of”;

(b)

in
sub-paragraph (ii)
, for “or 8” substitute “, 8 or 9”.

[
p
age
127
]
(4)

In
paragraph 5ZB
(use of the UK digital service), in
sub-paragraph (6)
, in
the
definition of “relevant devolved absent voting application” omit
“paragraph
3, 4 or 6 of”.

(5)

In
paragraph 13
, in
sub-paragraph (1ZZA)
(references to a registration
[page
127:
line
5
]
officer’s
registration duties)—

(a)

in
paragraph (a)
(ii)
omit “paragraph 3, 4 or 6 of”;

(b)

in
paragraph (b)
(ii)
, for “or 8” substitute “, 8 or 9”.

25

In
Part 1
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act
1989
(application of RPA 1983), in the entry beginning “Section 53 and, in
[page
127:
line
10
]
Schedule
2”, for “4 to 11A” substitute “4 to 5ZA and 5A to 11”.

Schedule
4

Section 52

Effect
of the death of the Sovereign on certain elections and referendums

1

RPA 1985
is amended as follows.

2

After
section 20
insert—

“
[page
127:
line
15
]
20A

Demise of the Crown and certain other elections and referendums

Schedule
2A
makes provision about the effect of a demise of the
Crown
on certain elections and referendums.
”

3

After
Schedule 2
insert—

“
Schedule
2A

Section 20A

[page
127:
line
20
]
Demise
of the Crown and certain elections and referendums

Part
1

Application
of this Schedule

Demise
of the Crown during period before relevant election or local referendum

1

—

(1)
This Schedule applies to a relevant election or local referendum
[page
127:
line
25
]
if—

(a)

a demise of the Crown occurs, and

(b)

condition A or B is met.

(2)

Condition A
: the polling day for the election or referendum—

(a)

must be fixed under the legislation governing the election
[page
127:
line
30
]
or
referendum,

(b)

has not been fixed when the demise of the Crown occurs,
and

(c)

could, under the legislation, only be fixed as a day which
falls
within the 30-working day period after the demise.

[
p
age
128
]
(3)

Condition B
: the polling day for the election or referendum—

(a)

is known when the demise of the Crown occurs, and

(b)

is within the 30-working day period after the demise.

(4)

In determining whether this Schedule applies to a relevant election
[page
128:
line
5
]
or
local referendum on the occurrence of a demise of the Crown,
any
effect that the other paragraphs of this Schedule would have
on
which day is the polling day must be disregarded.

(5)

Part 2
and
Parts 5
to
7
of this Schedule apply in any case where
this
Schedule applies.

[page
128:
line
10
]
(6)

Part 3
of this Schedule applies only in a case where condition A
is
met.

(7)

Part 4
of this Schedule applies only in a case where condition B
is
met.

(8)

Any legislation relating to the conduct of relevant elections or
[page
128:
line
15
]
local
referendums (whenever passed or made) has effect subject
to
this Schedule, unless (in the case of legislation passed or made
after
this Schedule) the contrary intention appears.

Part
2

Computation
of periods of time

[page
128:
line
20
]
Days
that are to be disregarded

2

—

(1)
Any working day within the period of 13 days beginning with
the
day after the demise of the Crown—

(a)

must be disregarded in computing any period of time in
relation
to a relevant election or local referendum, and

[page
128:
line
25
]
(b)

must not be treated as a day for the purpose of any
proceedings
before the polling day.

(2)

This paragraph is subject to
paragraph 7
.

Part
3

Fixing
of polling day

[page
128:
line
30
]
Polling
day not fixed: when polling day is to fall

3

—

(1)
This paragraph applies only in a case where condition A in
paragraph
1
(2)
is met.

(2)

Paragraph 2
(1)
(a)
applies (in particular) to the computation of
the
period within which the day to be fixed as the polling day
[page
128:
line
35
]
must
fall.

(3)

The polling day must be fixed as a day falling after the end of
the
30-working day period after the demise.

[
p
age
129
]
(4)

A polling day fixed in accordance with this paragraph is subject
to

paragraphs 5
and
6
.

(5)

In this paragraph, “polling day” means the polling day for the
relevant
election or local referendum.

[page
129:
line
5
]
Part
4

Postponement
of polling day

Polling
day known: postponement for 14 days

4

—

(1)
This paragraph applies only in a case where condition B in
paragraph
1
(3)
is met.

[page
129:
line
10
]
(2)

The polling day for the relevant election or local referendum is
to
be—

(a)

the 14th day after the day that would otherwise be the
polling
day, or

(b)

if the 14th day is not a working day, the next working
[page
129:
line
15
]
day
after the 14th day,

(instead
of the day that would otherwise be the polling day).

(3)

This paragraph is subject to
paragraphs 5
and
6
.

Part
5

Change
of polling day

[page
129:
line
20
]
Change
of polling day by regulations

5

—

(1)
A Minister of the Crown may by regulations appoint an
alternative
polling day which may be—

(a)

no earlier than the 7th day before the day which would
otherwise
be the polling day, and

[page
129:
line
25
]
(b)

no later than the 7th day after the day that would
otherwise
be the polling day.

(2)

The polling day for the relevant election or local referendum is
to
be the alternative polling day appointed in the regulations
(instead
of the day which would otherwise be the polling day).

[page
129:
line
30
]
(3)

A Minister of the Crown may not make regulations under this
paragraph
unless the Electoral Commission has recommended
that
those regulations should be made.

(4)

Before making regulations under this paragraph in relation to
the
election of—

[page
129:
line
35
]
(a)

a member of Senedd Cymru, or

(b)

a member of a Welsh local authority,

a
Minister of the Crown must also consult the Welsh Ministers.

[
p
age
130
]
(5)

Regulations under this paragraph are to be made by statutory
instrument.

(6)

This paragraph is subject to
paragraph 6
.

Change
of polling day where royal proclamation made under section 20(3A)

[page
130:
line
5
]
6

—

(1)
This paragraph applies if—

(a)

the poll for the relevant election or local referendum and
the
poll at a parliamentary general election are combined,
and

(b)

a royal proclamation is made under section 20(3A)
[page
130:
line
10
]
appointing
an alternative polling day for the parliamentary
general
election.

(2)

The polling day for the relevant election or local referendum is
to
be the alternative polling day appointed by the royal
proclamation
(instead of the day which would otherwise be the
[page
130:
line
15
]
polling
day).

(3)

For the purposes of this paragraph it does not matter whether
the
legislation or action that causes the polls to be combined takes
effect
before or after the demise of the Crown.

(4)

The application of this paragraph by virtue of a particular royal
[page
130:
line
20
]
proclamation
is subject to any regulations under paragraph
5

made
after the royal proclamation (but such regulations would
not
prevent a further royal proclamation made under section 20
from
having the effect provided for by this paragraph).

Consequential
change to computation of periods of time

[page
130:
line
25
]
7

—

(1)
This paragraph applies if—

(a)

regulations are made under
paragraph 5
in relation to the
election
or referendum, or

(b)

paragraph 6
applies to the election or referendum because
a
royal proclamation is made under section 20(3A).

[page
130:
line
30
]
(2)

Any working day within the revised period beginning with the
day
after the demise of the Crown—

(a)

must be disregarded in computing any period of time in
relation
to the election or referendum, and

(b)

must not be treated as a day for the purpose of any
[page
130:
line
35
]
proceedings
before the polling day.

(3)

For that purpose “revised period” means—

(a)

in a case where the relevant instrument appoints an
alternative
polling day that is before the day that would
otherwise
be the polling day, the period of days that is
[page
130:
line
40
]
calculated
by this formula—

13

-

D

where
D is the number of days that the alternative polling
day
is before that other polling day;

(b)

in a case where the relevant instrument appoints an
[page
131:
line
5
]
alternative
polling day that is after the day that would
otherwise
be the polling day, the period of days that is
calculated
by this formula—

13

+

D

where
D is the number of days that the alternative polling
[page
131:
line
10
]
day
is after that other polling day.

(4)

In this paragraph, “relevant instrument” means—

(a)

the regulations made under
paragraph 5
, or

(b)

the royal proclamation made under section 20(3A).

Part
6

[page
131:
line
15
]
Other
changes

When
terms of office end or start

8

—

(1)
In a case where—

(a)

the day on which a term of office ends is determined by
reference
to a day which relates to a relevant election (the
[page
131:
line
20
]
“standard
reference day”), and

(b)

the polling day for that relevant election changes to a
different
day by virtue of this Schedule (the “alternative
polling
day”),

the
alternative polling day is to be used instead of the standard
[page
131:
line
25
]
reference
day for the purpose of determining the end of the term
of
office.

(2)

In a case where—

(a)

the day on which a term of office starts is determined by
reference
to a day which relates to a relevant election (the
[page
131:
line
30
]
“standard
reference day”), and

(b)

the polling day for that relevant election changes to a
different
day by virtue of this Schedule (the “alternative
polling
day”),

the
alternative polling day is to be used instead of the standard
[page
131:
line
35
]
reference
day for the purpose of determining the start of the term
of
office.

(3)

Any legislation specifying or otherwise relating to the length of
a
term of office (whenever passed or made) has effect subject to
any
effect which this Schedule has on the length of the term of
[
p
age
132
]
office,
unless (in the case of legislation passed or made after this
Schedule)
the contrary intention appears.

(4)

In this paragraph a reference to a day which relates to a relevant
election
includes—

[page
132:
line
5
]
(a)

the ordinary day of election for a relevant election, and

(b)

the day of the poll at a relevant election.

(5)

In this paragraph “term of office” means the term for which a
person
serves as—

(a)

an elected mayor,

[page
132:
line
10
]
(b)

a member of the London Assembly,

(c)

a member of an English local authority,

(d)

a police and crime commissioner,

(e)

a member of the Northern Ireland Assembly,

(f)

a member of a district council in Northern Ireland, or

[page
132:
line
15
]
(g)

a member of a Welsh local authority.

Expenses
legislation

9

—

(1)
This paragraph applies to any legislation (whenever passed or
made)
which relates to the relevant election or local referendum
and
limits the maximum amount of expenses that may be
[page
132:
line
20
]
incurred.

(2)

The legislation has effect as if the maximum amount were
increased
by one half.

(3)

In this paragraph “expenses” means—

(a)

election expenses incurred by a candidate (in relation to
[page
132:
line
25
]
a
relevant election), or

(b)

referendum expenses (in relation to a local referendum).

Notices
and documents

10

Any notice or other document relating to the relevant election or
local
referendum—

[page
132:
line
30
]
(a)

must be issued in accordance with the provisions of this
Schedule,
or

(b)

if already issued, must be read in accordance with this
Schedule.

Part
7

[page
132:
line
35
]
Interpretation

Interpretation

11

In this Schedule—

“
elected
mayor”
means—

[
p
age
133
]
(a)

the Mayor of London,

(b)

the mayor for the area of a combined authority
provided
for by an order under
section 107A
of
the

Local Democracy, Economic Development and
[page
133:
line
5
]
Construction
Act 2009
,

(c)

the mayor for the area of a combined county
authority
provided for by regulations under
section
27
of the
Levelling-up and Regeneration Act 2023
,
or

[page
133:
line
10
]
(d)

an elected mayor within the meaning of
Part 1A

of
the
Local Government Act 2000
(see section 9H
of
that Act);

“
English
local authority”
means—

(a)

a county council in England,

[page
133:
line
15
]
(b)

a district council in England,

(c)

a parish council,

(d)

a London borough council, or

(e)

the Council of the Isles of Scilly;

“
local
referendum”
means a referendum under or by virtue
[page
133:
line
20
]
of—

(a)

Chapter 4
of
Part 1A
of the
Local Government Act
2000
(local authority governance: England),

(b)

section 52ZG
or
52ZN
of the
Local Government
Finance
Act 1992
(referendums in relation to
[page
133:
line
25
]
council
tax), or

(c)

Schedule 4B
or
4C
to the
Town and Country
Planning
Act 1990
(referendums on neighbourhood
development
plans);

“
Minister
of the Crown”
has the same meaning as in the
[page
133:
line
30
]
Ministers
of the Crown Act 1975
(see section 8 of that
Act);

“
relevant
bank holiday”
means—

(a)

in a case where the poll for the relevant election
or
local referendum and the poll at a parliamentary
[page
133:
line
35
]
general
election are combined, a bank holiday
under
the
Banking and Financial Dealings Act 1971

in
any part of the United Kingdom;

(b)

in any other case, a bank holiday under
that Act

in
the place where the relevant election or local
[page
133:
line
40
]
referendum
is taking place;

“
relevant
election”
means the election of—

(a)

a Member of Parliament at a by-election,

(b)

an elected mayor,

(c)

a member of the London Assembly,

[page
133:
line
45
]
(d)

a member of an English local authority,

[
p
age
134
]
(e)

a police and crime commissioner,

(f)

a member of the Northern Ireland Assembly,

(g)

a member of a district council in Northern Ireland,

(h)

a member of Senedd Cymru at an extraordinary
[page
134:
line
5
]
general
election (see
section 5
of the
Government
of
Wales Act 2006
) if the poll at the election of the
member
of the Senedd is combined with the poll
at
the election of a police and crime commissioner,
or

[page
134:
line
10
]
(i)

a member of a Welsh local authority at a
by-election
if the poll at the by-election is combined
with—

(i)

the poll at the election of a Member of
Parliament,
or

[page
134:
line
15
]
(ii)

the poll at the election of a police and crime
commissioner;

and
for the purposes of
paragraph (h)
or
(i)
the election
of
the member of the Senedd or Welsh local authority
becomes
a relevant election from the time when the poll
[page
134:
line
20
]
at
that election and the poll at the other election are
combined;

“
Welsh
local authority”
means—

(a)

a county council in Wales,

(b)

a county borough council, or

[page
134:
line
25
]
(c)

a community council in Wales;

“
working
day”
means any day other than—

(a)

a Saturday or Sunday,

(b)

Christmas Eve, Christmas Day, Good Friday or a
relevant
bank holiday, or

[page
134:
line
30
]
(c)

a day appointed for public thanksgiving or
mourning;

“
30-working
day period after the demise”
means the period
of
30 working days beginning with the day after the day
on
which the demise of the Crown occurs.
”

[page
134:
line
35
]
Schedule
5

Section 53

Form
of documents for elections and referendums

Electoral
Law Act (Northern Ireland) 1962

1

The
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) is amended as
follows.

[page
134:
line
40
]
2

—

(1)
Section 41
(prohibition of unauthorised expenses) is amended as follows.

[
p
age
135
]
(2)

In
subsection (6)
, for “respectively in the forms numbered 2 and 3 in the
Tenth
Schedule” substitute “in the prescribed form”.

(3)

After
subsection (6)
insert—

“
(7)

In subsection (6), “prescribed” means prescribed by regulations
[page
135:
line
5
]
under

section 84A
of the
Northern Ireland Act 1998
.
”

3

—

(1)
Section 47
(declaration as to expenses) is amended as follows.

(2)

In
subsection (1)
, for “form numbered 5 in the Tenth Schedule” substitute
“prescribed
form”.

(3)

In
subsection (2)
, for “form numbered 5 in the Tenth Schedule” substitute
[page
135:
line
10
]
“prescribed
form”.

(4)

In
subsection (3)
omit from “and” to the end.

(5)

After
subsection (4)
insert—

“
(5)

In this section, “prescribed” means prescribed by regulations under
section
84A
of the
Northern Ireland Act 1998
.
”

[page
135:
line
15
]
4

In
section 130
(interpretation), in
subsection (1)
, in the definition of
“prescribed”,
after “twenty-seven” insert “, except where otherwise
provided”.

5

—

(1)
Schedule 5
(local elections rules) is amended as follows.

(2)

Omit rule 3A (forms).

[page
135:
line
20
]
(3)

After that rule insert—

“
Meaning
of prescribed form of document

3B

In this Schedule, references to a prescribed form of a document
are
references to a form prescribed by regulations made by the
Secretary
of State under
section 84A
of the
Northern Ireland Act
[page
135:
line
25
]
1998
.
”

(4)

In rule 5 (nomination of candidates), in paragraph (1), for “form in the
Appendix”
substitute “prescribed form”.

(5)

In rule 6 (subscription of nomination paper), in paragraph (4)—

(a)

in
sub-paragraph (a)
omit “form of”;

[page
135:
line
30
]
(b)

in the words following
paragraph (b)
, for “form” substitute
“nomination
paper”.

(6)

In rule 7 (consent to nomination), in
paragraph (a)
, for “form in the
Appendix”
substitute “prescribed form”.

(7)

In rule 16 (the ballot papers), in paragraph (2), in the words before
[page
135:
line
35
]
paragraph
(a)
, for the words from “form in the Appendix” to “that
Appendix,”
substitute “prescribed form”.

(8)

In rule 16A (corresponding number list)—

(a)

in paragraph (2)—

[
p
age
136
]
(i)

omit “form of”;

(ii)

for “form 4A in the Appendix” substitute “the prescribed
form”;

(b)

in paragraph (3)—

[page
136:
line
5
]
(i)

omit “form of the”;

(ii)

for “form 4B in the Appendix” substitute “the prescribed
form”.

(9)

In rule 21 (postal ballot papers), in paragraph (1), for “relevant form
prescribed
in the Appendix” substitute “prescribed form”.

[page
136:
line
10
]
(10)

In rule 25 (issue of official poll cards), in paragraph (3), for “form prescribed

in
the Appendix” substitute “prescribed form”.

(11)

In rule 26 (equipment of polling stations)—

(a)

in paragraph (3ZC)—

(i)

omit “Subject to paragraph (3ZD),”;

[page
136:
line
15
]
(ii)

for “form 8A in the Appendix” substitute “prescribed form”;

(b)

omit paragraph (3ZD);

(c)

in paragraph (4), for “form in the Appendix” substitute “prescribed
form”.

(12)

In rule 29 (admission to polling station), in paragraph (3), for “form in the
[page
136:
line
20
]
Appendix”
substitute “prescribed form”.

(13)

In rule 36 (voting by persons with disabilities), in paragraph (5)(a), for
“form
in the Appendix” substitute “prescribed form”.

RPA
1983

6

RPA 1983
is amended as follows.

[page
136:
line
25
]
7

In
section 36
(rules for local elections in England), at the end insert—

“
(8)

Any provision that may be included in rules made under this section
(being
provision which, by virtue of section 105 of the Deregulation
Act
2015, may instead be included in regulations) may be included
in
regulations which are required to be laid in draft before and
[page
136:
line
30
]
approved
by a resolution of each House of Parliament.
”

8

—

(1)
Section 82
(declarations as to election expenses) is amended as follows.

(2)

In
subsection (2A)
—

(a)

omit the “and” at the end of
paragraph (b)
;

(b)

in
paragraph (c)
, for “in any other case,” substitute “in the case of
[page
136:
line
35
]
a
candidate at a local government election in Wales or Scotland or
an
election agent for such a candidate,”;

(c)

after
paragraph (c)
insert
“
; and

(d)

in any other case, is the prescribed form.
”

(3)

In
subsection (5)
—

[
p
age
137
]
(a)

after “own election agent” insert “—

(b)

after “and” insert—

“
(b)

in the case of a candidate at a local government
[page
137:
line
5
]
election
in Wales or Scotland,
”

9

—

(1)
Section 201
(regulations) is amended as follows.

(2)

After
subsection (2A)
insert—

“
(2AA)

Regulations under the following provisions (which confer power to
make
provision about the form of documents) are subject to
[page
137:
line
10
]
annulment
in pursuance of a resolution of either House of
Parliament
(and subsection (2) does not apply to them)—

(a)

section 75(3) so far as it relates to a return or declaration in
relation
to a parliamentary election or a local government
election
in England;

[page
137:
line
15
]
(b)

section 82(2A)(d);

(c)

in Schedule 1, rules 6(1), 8(1)(a), 19A(2), 24(1)(b) and (c),
28(3),
29(3ZA) and (4), 32(3) and 39(5)(a).
”

(3)

After
subsection (2C)
insert—

“
(2D)

Any provision that may be included in regulations under this Act
[page
137:
line
20
]
that
are subject to annulment in pursuance of a resolution of either
House
of Parliament may be included in regulations which are
required
to be laid in draft before and approved by a resolution of
each
House of Parliament.
”

10

—

(1)
Schedule 1
(rules for parliamentary elections) is amended as follows.

[page
137:
line
25
]
(2)

In rule 3 (issue of writ)—

(a)

in paragraph (2), for “in the Appendix” substitute “specified by His
Majesty
by Order in Council”;

(b)

in paragraph (3), for “Her” substitute “His”;

(c)

in paragraph (6), for “shown in the Appendix” substitute “specified
[page
137:
line
30
]
by
His Majesty by Order in Council”.

(3)

In rule 6 (nomination of candidates), in paragraph (1), for “form in the
Appendix”
substitute “prescribed form”.

(4)

In rule 7 (subscription of nomination paper), in paragraph (4)—

(a)

in
sub-paragraph (a)
omit “form of”;

[page
137:
line
35
]
(b)

in the words following
paragraph (b)
, for “form” substitute
“nomination
paper”.

(5)

In rule 8 (consent to nomination)—

(a)

in paragraph (1)(a), after “writing” insert “and in the prescribed
form”;

[page
137:
line
40
]
(b)

in paragraph (2), after “writing”, in both places where it occurs,
insert
“and in the prescribed form”.

[
p
age
138
]
(6)

In rule 19 (the ballot papers)—

(a)

in paragraph (2), in the words before
paragraph (a)
, for the words
from
“form in the Appendix” to “that Appendix,” substitute
“prescribed
form”;

[page
138:
line
5
]
(b)

omit paragraph (4).

(7)

In rule 29 (equipment of polling stations), in paragraph (4), for “form in
the
Appendix” substitute “prescribed form”.

(8)

In rule 39 (voting by persons with disabilities), in paragraph (5)(a), for
“form
in the Appendix” substitute “prescribed form”.

[page
138:
line
10
]
(9)

In rule 51 (return to the writ)—

(a)

in paragraph (1), for “in the Appendix” substitute “specified by His
Majesty
by Order in Council”;

(b)

after paragraph (6) insert—

“
(7)

A draft of an Order in Council under paragraph (1)—

[page
138:
line
15
]
(a)

must be laid before Parliament, and

(b)

may include incidental or supplementary
provision.
”

11

In
Schedule 3
(return and declarations as to election expenses), in the Form
of
Declarations—

[page
138:
line
20
]
(a)

after “Election in the” insert “(
insert as appropriate
county of”;

(b)

omit the words from “constituency” to “county of”;

(c)

omit “district of”;

(d)

omit “
, or as the case may be
”;

(e)

in
paragraph 2
, for “returning officer, (
at a local government election,
[page
138:
line
25
]
substitute
appropriate officer)” substitute “appropriate officer”.

RPA
1985

12

RPA 1985
is amended as follows.

13

In
section 8
(proxies at parliamentary elections in Northern Ireland), in
subsection
(8)
, after “paper” insert “in the prescribed form.”

[page
138:
line
30
]
14

In
section 27
(interpretation), before
subsection (3)
insert—

“
(2B)

A statutory instrument containing regulations under section 8(8) is
subject
to annulment in pursuance of a resolution of either House
of
Parliament (and section 201(2) of the principal Act does not apply
to
the regulations).
”

[page
138:
line
35
]
Town
and Country Planning Act 1990

15

—

(1)
Section 333
of the
Town and Country Planning Act 1990
(regulations and
orders)
is amended as follows.

(2)

In
subsection (3)
omit “or paragraph 15(5) or 16 of Schedule 4B”.

[
p
age
139
]
(3)

After
subsection (3A)
(approval by Parliament) insert—

“
(3AZA)

Subsection (3A) does not apply to regulations under paragraph 16
of
Schedule 4B which only specify the form of a document, except
where
the document in question is a ballot paper.
”

[page
139:
line
5
]
(4)

After
subsection (3AA)
insert—

“
(3AB)

Any provision that may be included in a statutory instrument under
this
Act that is subject to annulment in pursuance of a resolution
of
either House of Parliament may be included in a statutory
instrument
a draft of which is required to be laid before and
[page
139:
line
10
]
approved
by a resolution of each House of Parliament.
”

Local
Government Finance Act 1992

16

The
Local Government Finance Act 1992
is amended as follows.

17

In
section 52ZQ
(regulations about referendums), after
subsection (7)

(approval
by Parliament) insert—

“
[page
139:
line
15
]
(7A)

Subsection (7) does not apply to regulations under this section which
only
specify the form of a document, except where the document
in
question is a ballot paper.
”

18

In
section 113
(orders and regulations), after
subsection (3)
(approval by
Parliament)
insert—

“
[page
139:
line
20
]
(3A)

The reference in subsection (3) to regulations under section 52ZQ
does
not include regulations under that section which only specify
the
form of a document, except where the document in question is
a
ballot paper.

(3B)

Any provision that may be included in a statutory instrument under
[page
139:
line
25
]
this
Act that is subject to annulment in pursuance of a resolution
of
either House of Parliament may be included in a statutory
instrument
a draft of which is required to be laid before and
approved
by a resolution of each House of Parliament.
”

Northern
Ireland Act 1998

[page
139:
line
30
]
19

The
Northern Ireland Act 1998
is amended as follows.

20

In the italic heading before
section 84
, at the end insert “or regulations”.

21

After
section 84
insert—

“
84A

Provision with respect to the form of documents for district council
elections

[page
139:
line
35
]
(1)

The Secretary of State may by regulations make provision about
the
form of relevant documents for use for the purposes of elections
for
district councillors in Northern Ireland.

[
p
age
140
]
(2)

In
subsection (1)
, “relevant documents” means documents which
are
required by an Order in Council under section 84 or another
enactment
to be in a form prescribed by regulations under this
section.

[page
140:
line
5
]
(3)

Regulations under this section may, among other things—

(a)

make provision for the purposes of elections for district
councillors
when they are combined with other elections;

(b)

make different provision for different purposes and different
areas;

[page
140:
line
10
]
(c)

make consequential or supplemental provision.
”

22

In
section 96
(orders and regulations), after
subsection (2D)
insert—

“
(2E)

Regulations under
section 84A
—

(a)

are to be made by statutory instrument, and

(b)

may not be made unless a draft has been laid before and
[page
140:
line
15
]
approved
by resolution of each House of Parliament.
”

Local
Government Act 2000

23

—

(1)
Section 105
of the
Local Government Act 2000
(orders and regulations) is
amended
as follows.

(2)

In
subsection (6)
(approval by Parliament), for “subsection (6A)” substitute
[page
140:
line
20
]
“subsections
(6A) and (6B)”.

(3)

After
subsection (6A)
insert—

“
(6B)

The reference in subsection (6) to regulations under section 9HE or
9MG
does not include regulations under section 9HE(1)(a) or 9MG(2)
which
only specify the form of a document, except where the
[page
140:
line
25
]
document
in question is a ballot paper.
”

(4)

After
subsection (7)
insert—

“
(7ZA)

Any provision that may be included in a statutory instrument under
this
Act that is subject to annulment in pursuance of a resolution
of
either House of Parliament may be included in a statutory
[page
140:
line
30
]
instrument
a draft of which is required to be laid before and
approved
by a resolution of each House of Parliament.
”

PPERA
2000

24

In
section 7
of
PPERA 2000
(Electoral Commission to be consulted on
changes
to electoral law), in
subsection (2)
—

[page
140:
line
35
]
(a)

after
paragraph (e)
insert—

“
(ezza)

regulations under the 1983 Act, the Representation
of
the People Act 1985 or the Representation of the
People
Act 2000 in relation to which section 201(2)
of
the 1983 Act would have effect but for section
[page
140:
line
40
]
201(2AA)
of the 1983 Act, section 27(2B) of the
[
p
age
141
]
Representation
of the People Act 1985 or paragraph
1A(5)
of Schedule 4 to the Representation of the
People
Act 2000 (regulations specifying the form of
documents);
”
;

[page
141:
line
5
]
(b)

after
paragraph (h)
insert—

“
(hza)

regulations under
section 84A
of the
Northern Ireland
Act
1998
(provision with respect to the form of
documents
for district council elections);
”
.

RPA
2000

[page
141:
line
10
]
25

In
Schedule 4
to
RPA 2000
(absent voting in Great Britain), in
paragraph
1A
(inserted by
paragraph 3
of
Schedule 3
to this Act), after
sub-paragraph
(4)
insert—

“
(5)

A statutory instrument containing regulations under paragraph
6(9)
of this Schedule (form of proxy paper) which make provision
[page
141:
line
15
]
in
connection with appointing a proxy to vote at—

(a)

a parliamentary election, or

(b)

a local government election in England,

is
subject to annulment in pursuance of a resolution of either
House
of Parliament (and section 201(2) of the 1983 Act does not
[page
141:
line
20
]
apply
to the regulations).
”

Local
Democracy, Economic Development and Construction Act 2009

26

—

(1)
Section 117
of the
Local Democracy, Economic Development and
Construction
Act 2009
(orders and regulations) is amended as follows.

(2)

In
subsection (2A)
(exceptions from requirement for approval by
[page
141:
line
25
]
Parliament)—

(a)

omit the “or” at the end of
paragraph (b)
;

(b)

after
paragraph (c)
insert
“
, or

(d)

an order under paragraph 12(1)(a) of Schedule 5B
which
only specifies the form of a document, where
[page
141:
line
30
]
the
document in question is not a ballot paper.
”

(3)

After
subsection (3B)
insert—

“
(3C)

Any provision that may be included in a statutory instrument under
this
Act that is subject to annulment in pursuance of a resolution
of
either House of Parliament may be included in a statutory
[page
141:
line
35
]
instrument
a draft of which is required to be laid before and
approved
by a resolution of each House of Parliament.
”

Police
Reform and Social Responsibility Act 2011

27

—

(1)
Section 154
of the
Police Reform and Social Responsibility Act 2011
(orders
and
regulations) is amended as follows.

[
p
age
142
]
(2)

After
subsection (2)
(approval by Parliament) insert—

“
(2A)

The reference in subsection (2)(b) to an order under section 58 does
not
include an order under section 58(1)(a) which only specifies the
form
of a document, except where the document in question is a
[page
142:
line
5
]
ballot
paper.
”

(3)

After
subsection (4)
insert—

“
(4A)

Any provision that may be included in a statutory instrument under
this
Act that is subject to annulment in pursuance of a resolution
of
either House of Parliament may be included in a statutory
[page
142:
line
10
]
instrument
a draft of which is required to be laid before and
approved
by a resolution of each House of Parliament.
”

Levelling-up
and Regeneration Act 2023

28

—

(1)
Section 252
of the
Levelling-up and Regeneration Act 2023
(regulations) is
amended
as follows.

[page
142:
line
15
]
(2)

In
subsection (5)
(a)
(instruments subject to approval by Parliament), after
“(c)”
insert “and (l)”.

(3)

In
subsection (8)
(instruments subject to annulment), after
paragraph (k)

insert—

“
(l)

under paragraph 12(1)(a) of Schedule 2 which only specifies
[page
142:
line
20
]
the
form of a document, where the document in question is
not
a ballot paper.
”

Schedule
6

Section 55

Leave
to pay late and disputed expenses claims

Election
expenses claims

[page
142:
line
25
]
1

—

(1)
The
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) is amended as
follows.

(2)

In
section 43
(time for sending in and paying claims), in
subsection (3)
—

(a)

omit “The High Court or the county court,”;

(b)

for “may on cause shown to the satisfaction of the court by order”
[page
142:
line
30
]
substitute
“the Electoral Commission may, if satisfied for any special
reason
that it is appropriate to do so, by written notice”;

(c)

for “such an order” substitute “the leave”.

(3)

In
section 46
(return as to election expenses)—

(a)

in
subsection (3)
(c)
, for “to the High court or county court” substitute
[page
142:
line
35
]
“for
leave to pay under section 43(3)”;

(b)

in
subsection (5)
—

[
p
age
143
]
(i)

omit “by the court”;

(ii)

for “order of the court” substitute “written notice from the
Electoral
Commission”.

2

—

(1)
RPA 1983
is amended as follows.

[page
143:
line
5
]
(2)

In
section 78
(time for sending in and paying claims)—

(a)

in
subsection (4)
—

(i)

for “High Court or to the county court” substitute “Electoral
Commission”;

(ii)

for the words from “the court on cause” to the end of the
[page
143:
line
10
]
subsection
substitute “the Commission may by written notice
grant
the leave if satisfied for any special reason that it is
appropriate
to do so”;

(b)

in
subsection (5)
, for “order” substitute “written notice”;

(c)

omit
subsection (7)
.

[page
143:
line
15
]
(3)

In
section 79
(disputed claims), in
subsection (4)
, for “to (7)” substitute “and
(5)”.

(4)

In
section 81
(return as to election expenses), in
subsection (5)
—

(a)

omit “by the court”;

(b)

for “order of the court” substitute “written notice from the Electoral
[page
143:
line
20
]
Commission”.

Campaign
expenditure claims

3

—

(1)
PPERA 2000
is amended as follows.

(2)

In
section 77
(restriction on making claims in respect of campaign
expenditure)—

[page
143:
line
25
]
(a)

in
subsection (4)
—

(i)

for the words from “in England” to “the sheriff” substitute
“to
the Commission”;

(ii)

for “and the court” substitute “and the Commission”;

(iii)

for “order” substitute “written notice”;

[page
143:
line
30
]
(b)

in
subsection (5)
, for “order of leave” substitute “leave granted under
subsection
(4)”;

(c)

omit
subsections (7)
and
(8)
.

(3)

In
section 78
(disputed claims), in
subsection (3)
, for “(8)” substitute “(6)”.

(4)

In
section 80
(returns as to campaign expenditure), in
subsection (3)
(c)
omit
[page
143:
line
35
]
“to
a court”.

(5)

In
section 82
(delivery of returns to the Electoral Commission), in
subsection
(3)
—

(a)

omit “by a court”;

(b)

for “order of the court” substitute “written notice from the
[page
143:
line
40
]
Commission”.

[
p
age
144
]
Controlled
expenditure claims

4

—

(1)
PPERA 2000
is amended as follows.

(2)

In
section 92
(restriction on making claims in respect of controlled
expenditure)—

[page
144:
line
5
]
(a)

in
subsection (4)
—

(i)

for the words from “in England” to “the sheriff” substitute
“to
the Commission”;

(ii)

for “and the court” substitute “and the Commission”;

(iii)

for “order” substitute “written notice”;

[page
144:
line
10
]
(b)

in
subsection (5)
, for “order of leave” substitute “leave granted under
subsection
(4)”;

(c)

in
subsection (7)
—

(i)

in the words before
paragraph (a)
, for “(7) to” substitute “(9)
and”;

[page
144:
line
15
]
(ii)

in
paragraph (a)
, for the words “, (2) or (4)”, in both places
they
occur, substitute “or (2)”.

(3)

In
section 93
(disputed claims), in
subsection (3)
—

(a)

omit the “and” at the end of
paragraph (a)
;

(b)

omit
paragraph (b)
.

[page
144:
line
20
]
(4)

In
section 96
(returns as to controlled expenditure), in
subsection (2)
(c)
omit
“to
a court”.

(5)

In
section 98
(delivery of returns to the Electoral Commission), in
subsection
(3)
—

(a)

omit “by a court”;

[page
144:
line
25
]
(b)

for “order of the court” substitute “written notice from the
Commission”.

(6)

In
section 100B
(code of practice on controlled expenditure: consultation
and
procedural requirements), in
subsection (10)
, for
paragraph (b)

substitute—

“
[page
144:
line
30
]
(b)

in any other case, the period of 40 days beginning with the
day
on which the draft is laid before each House,

no
account being taken of any period during which Parliament is dissolved
or
prorogued or during which both Houses are adjourned for more than
four
days.
”

[page
144:
line
35
]
Referendum
expenses claims

5

—

(1)
PPERA 2000
is amended as follows.

(2)

In
section 115
(restriction on making claims in respect of referendum
expenses)—

(a)

in
subsection (4)
—

[
p
age
145
]
(i)

for the words from “in England” to “the sheriff” substitute
“to
the Commission”;

(ii)

for “and the court” substitute “and the Commission”;

(iii)

for “order” substitute “written notice”;

[page
145:
line
5
]
(b)

in
subsection (5)
, for “order of leave” substitute “leave granted under
subsection
(4)”;

(c)

in
subsection (7)
—

(i)

in the words before
paragraph (a)
, for “(7) to” substitute “(9)
and”;

[page
145:
line
10
]
(ii)

in
paragraph (a)
, for the words “, (2) or (4)”, in both places
they
occur, substitute “or (2)”.

(3)

In
section 116
(disputed claims), in
subsection (3)
—

(a)

omit the “and” at the end of
paragraph (a)
;

(b)

omit
paragraph (b)
.

[page
145:
line
15
]
(4)

In
section 120
(returns as to referendum expenses), in
subsection (2)
(c)
omit
“to
a court”.

(5)

In
section 122
(delivery of returns to the Electoral Commission), in
subsection
(3)
—

(a)

omit “by a court”;

[page
145:
line
20
]
(b)

for “court order” substitute “written notice from the Commission”.

Recall
petition expenses claims

6

—

(1)
The
Recall of MPs Act 2015
is amended as follows.

(2)

Schedule 3
(regulation of expenditure) is amended as set out in
sub-paragraphs
(3)
and
(4)
.

[page
145:
line
25
]
(3)

In
paragraph 11
(payment of claims in respect of petition expenses:
application
for leave to pay late claims)—

(a)

in
sub-paragraph (1)
—

(i)

for “to the appropriate court” substitute “to the Electoral
Commission”;

[page
145:
line
30
]
(ii)

for “and the appropriate court” substitute “and the
Commission”;

(iii)

for “order” substitute “written notice”;

(b)

omit
sub-paragraph (3)
;

(c)

in
sub-paragraph (4)
, for “order of leave” substitute “leave granted
[page
145:
line
35
]
under
sub-paragraph (1)”;

(d)

omit
sub-paragraphs (5)
and
(6)
.

(4)

In
paragraph 12
(disputed claims)—

(a)

in
sub-paragraph (3)
—

(i)

for “to the appropriate court” substitute “to the Electoral
[page
145:
line
40
]
Commission”;

[
p
age
146
]
(ii)

for “and the appropriate court” substitute “and the
Commission”;

(iii)

for “order” substitute “written notice”;

(b)

omit
sub-paragraph (4)
;

[page
146:
line
5
]
(c)

in
sub-paragraph (5)
omit “an order of”;

(d)

omit
sub-paragraphs (6)
and
(7)
.

(5)

Schedule 5
(recall petition returns) is amended as set out in
sub-paragraphs
(6)
and
(7)
.

(6)

In
paragraph 2
(statements and accompanying documents relating to petition
[page
146:
line
10
]
expenses),
in
sub-paragraph (1)
(b)
omit “to a court”.

(7)

In
paragraph 6
(delivery of return etc to petition officer and supplementary
returns)—

(a)

in
sub-paragraph (2)
omit “by a court” and “order of”;

(b)

in
sub-paragraph (3)
(b)
, for “court order” substitute “written notice
[page
146:
line
15
]
from
the Electoral Commission”.

Schedule
7

Section 56

Delivery
of returns and declarations directly to the Electoral Commission

Electoral
Law Act (Northern Ireland) 1962

1

—

(1)
The
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) is amended as
[page
146:
line
20
]
follows.

(2)

In
section 46
(election expenses returns), after
subsection (3)
insert—

“
(3A)

The Electoral Commission may, by regulations, prescribe a form of
return
which must or may be used for the purposes of making any
(or
any description of) return required by this section.
”

[page
146:
line
25
]
(3)

After
section 50
insert—

“
50A

Copies of returns and declarations to be sent to Electoral
Commission

(1)

This section applies where a person is required by section 46 or 47
to
transmit a return or declaration to the returning officer.

[page
146:
line
30
]
(2)

The person must also transmit to the Electoral Commission a copy
of—

(a)

the return or declaration, and

(b)

any document accompanying the return or declaration when
it
is transmitted to the returning officer.

[page
146:
line
35
]
(3)

The copy must be transmitted within the time allowed for
transmitting
the return or declaration to the returning officer.

[
p
age
147
]
(4)

A person who fails to comply with this section is to be treated as
having
failed to comply with the requirement to transmit the return
or
declaration.
”

(4)

In
section 52
(duty to make available for inspection returns and
[page
147:
line
5
]
declarations),
after
subsection (2)
insert—

“
(3)

Subsections (4)
and
(5)
apply where the Electoral Commission
receives
a copy of a return, declaration or accompanying document
under
section
50A
.

(4)

Subsections (2)
to
(5)
and
(7)
of
section 149
of the
Political Parties,
[page
147:
line
10
]
Elections
and Referendums Act 2000
(inspection of certain registers
and
documents) apply in relation to the copy as they apply in
relation
to a register within
subsection (1)
of
that section
.

But
the application of those provisions is subject to the provisions
applied
by
subsection (5)
.

[page
147:
line
15
]
(5)

Subsections (1B) and (2) of this section apply to the Commission in
respect
of the copy as they apply to the returning officer in respect
of
the return, declaration or accompanying document (with the
reference
to “the said 12 months” in subsection (2) being read as a
reference
to the period of 12 months beginning with the day on
[page
147:
line
20
]
which
the Commission receives the copy).
”

(5)

In
section 127
(regulations), after
subsection (2)
insert—

“
(3)

This section does not apply in relation to the prescription of forms
under
section 46
(3A)
.
”

RPA
1983

[page
147:
line
25
]
2

—

(1)
RPA 1983
is amended as follows.

(2)

In
section 81
(10A)
(power to prescribe form of election expenses return),
after
“which” insert “must or”.

(3)

For
section 87A
(returns and declarations to be forwarded to Electoral
Commission
by officer receiving them) substitute—

“
[page
147:
line
30
]
87A

Copies of returns and declarations to be sent to Electoral
Commission

(1)

This section applies where a person is required by section 75, 75A,
81
or 82 to deliver a return or declaration to the appropriate officer.

(2)

The person must also deliver to the Electoral Commission a copy
[page
147:
line
35
]
of—

(a)

the return or declaration, and

(b)

any document accompanying the return or declaration when
it
is delivered to the appropriate officer.

(3)

The copy must be delivered within the time allowed for delivering
[page
147:
line
40
]
the
return or declaration to the appropriate officer.

[
p
age
148
]
(4)

A person who fails to comply with this section is to be treated as
having
failed to comply with the requirement to deliver the return
or
declaration.
”

(4)

Omit
section 87B
(which makes provision for Scottish local government
[page
148:
line
5
]
elections
similar to that made by section 87A).

(5)

In
section 89
(duty to make available for inspection returns and
declarations),
after
subsection (3)
insert—

“
(4)

Subsections (5)
and
(6)
apply where the Electoral Commission
receives
a copy of a return, declaration or accompanying document
[page
148:
line
10
]
under
section
87A
.

(5)

Subsections (2)
to
(5)
and
(7)
of
section 149
of the
Political Parties,
Elections
and Referendums Act 2000
(inspection of certain registers
and
documents) apply in relation to the copy as they apply in
relation
to a register within
subsection (1)
of
that section
.

[page
148:
line
15
]
But
the application of those provisions is subject to the provisions
applied
by
subsection (6)
.

(6)

Subsections (1A) to (3) of this section apply to the Commission in
respect
of the copy as they apply to the appropriate officer in respect
of
the return, declaration or accompanying document (with the
[page
148:
line
20
]
reference
to “those two years” in subsection (2) being read as a
reference
to the period of two years beginning with the day on
which
the Commission receives the copy).
”

Recall
of MPs Act 2015

3

—

(1)
Schedule 5
to the
Recall of MPs Act 2015
(recall petition returns) is amended
[page
148:
line
25
]
as
follows.

(2)

In
paragraph 1
(4)
(power to prescribe form of return), after “which” insert
“must
or”.

(3)

In
paragraph 6
(delivery of returns to petition officer), after
sub-paragraph
(3)
insert—

“
[page
148:
line
30
]
(4)

Where the responsible person is required by this paragraph to
deliver
a return or document to the petition officer, the person
must
also deliver a copy of it to the Electoral Commission.

(5)

The copy must be delivered within the time allowed for delivering
the
return or document to the petition officer.
”

[page
148:
line
35
]
(4)

In
paragraph 7
(1)
(illegal practices)—

(a)

omit the “or” after
paragraph (d)
;

(b)

after
paragraph (e)
insert
“
, or

(f)

fails to deliver a copy of a return or document to the
Electoral
Commission as required by paragraph 6
(4)

[page
148:
line
40
]
and

(5)
.
”

[
p
age
149
]
(5)

Omit
paragraph 8
and the italic heading before it (onward delivery of
returns
to Commission).

(6)

In the italic heading before
paragraph 9
, at the end insert “: petition
officers”.

[page
149:
line
5
]
(7)

After
paragraph 9
insert—

“
Inspection
of returns and accompanying documents: Electoral Commission

9A

—

(1)
This paragraph applies where the Electoral Commission receives
a
copy of a return or document under paragraph 6
(4)
.

(2)

Subsections (2)
to
(5)
and
(7)
of
section 149
of the
Political Parties,
[page
149:
line
10
]
Elections
and Referendums Act 2000
(inspection of certain registers
and
documents) apply in relation to the copy as they apply in
relation
to a register within
subsection (1)
of
that section
.

But
the application of those provisions is subject to the following
sub-paragraphs.

[page
149:
line
15
]
(3)

Where this paragraph applies in relation to a copy of a recall
petition
return that contains a statement mentioned in paragraph
3
or 4 that includes the home address of a donor who is an
individual,
the provisions applied by
sub-paragraph (2)
apply in
relation
to a modified copy of the statement that does not include
[page
149:
line
20
]
the
donor’s home address.

(4)

After the expiry of the period of 2 years beginning with the day
on
which the Commission receives the copy, the Commission
must—

(a)

cause the copy to be destroyed, or

[page
149:
line
25
]
(b)

if the responsible person in relation to the accredited
campaigner
in question so requests, cause the copy to be
returned
to the responsible person.
”

Schedule
8

Section 58

Risk
assessments for donations to registered parties etc

[page
149:
line
30
]
Risk
assessments in relation to donations to individuals and members associations

1

Schedule 7
to
PPERA 2000
(control of donations to individuals and members
associations)
is amended as set out in
paragraphs 2
to
6
.

2

—

In
paragraph 6
(prohibition on accepting donations from impermissible
donors),
after
sub-paragraph (1)
insert—

“
[page
149:
line
35
]
(1A)

A controlled donation of an amount exceeding £11,180 received
by
a regulated donee must not be accepted by the donee unless,
before
the end of the period of 30 days beginning with the date
[
p
age
150
]
when
the donation is received, the donee has undertaken a risk
assessment
in relation to the donation (see
sub-paragraph (1E)
).

(1B)

For the purposes of
sub-paragraph (1A)
, a donation from a person
is
to be treated as a donation of an amount exceeding £11,180
[page
150:
line
5
]
if—

(a)

the regulated donee has not previously undertaken a risk
assessment
in relation to a relevant controlled benefit
accruing
to the donee in the same calendar year, and

(b)

when the value of the donation is added to any other
[page
150:
line
10
]
relevant
controlled benefit or benefits accruing to the
donee
in the same calendar year, the aggregate amount
of
the benefits is more than £11,180.

(1C)

For the purposes of sub-paragraph (1A), a donation from a person
is
also to be treated as a donation of an amount exceeding £11,180
[page
150:
line
15
]
if—

(a)

the regulated donee has previously undertaken a risk
assessment
in relation to a relevant controlled benefit
accruing
to the donee in the same calendar year (the
“previous
risk-assessed benefit”), and

[page
150:
line
20
]
(b)

when the value of the donation is added to any other
relevant
controlled benefit or benefits accruing to the
donee
in that calendar year after the previous risk-assessed
benefit
accrued to the donee (or, if there has been more
than
one, the last such benefit), the aggregate amount of
[page
150:
line
25
]
the
benefits is more than £11,180.

(1D)

In sub-paragraphs
(1B)
and
(1C)
, “relevant controlled benefit”, in
relation
to a person, means—

(a)

a controlled donation accepted by the donee from that
person
as a donor, or

[page
150:
line
30
]
(b)

a controlled transaction (within the meaning of paragraph
2
of Schedule 7A) entered into by the donee and that
person
as a participant,

and
a relevant controlled benefit accrues when it is accepted (if
it
is a donation) or entered into (if it is a transaction).

[page
150:
line
35
]
(1E)

Section 54C (risk assessments in relation to donations) applies in
relation
to a risk assessment undertaken by a regulated donee
under

sub-paragraph (1A)
as it applies in relation to a risk
assessment
undertaken by a registered party under section 54
(1A)
.

(1F)

But regulations made by the Secretary of State under section
[page
150:
line
40
]
54C(3)
apply in relation to a donation to a member of a local
authority
in Scotland who is not also a member of a registered
party
only if, before making the regulations, the Secretary of State
obtained
the consent of the Scottish Ministers.
”

[
p
age
151
]
3

In
paragraph 8
(acceptance or return of donations), after
sub-paragraph
(1A)
insert—

“
(1B)

In their application in accordance with sub-paragraph (1), sections
56(2)
and 58(1)(a) shall have effect as if the references to section
[page
151:
line
5
]
54(1A)
were references to paragraph 6
(1A)
.
”

4

In the italic heading before
paragraph 11
, for the words after “reports:”
substitute
“information required where donation returned”.

5

In
paragraph 11
—

(a)

in
sub-paragraph (1)
(a)
—

[page
151:
line
10
]
(i)

after “in respect of” insert “—

(i)

”
;

(ii)

at the end insert—

“
(ii)

each controlled donation received by
the
donee which the donee is
[page
151:
line
15
]
prohibited
from accepting by virtue of
paragraph
6
(1A)
(risk assessment);
and
”
;

(b)

after
sub-paragraph (4)
insert—

“
(4A)

Each such report in respect of a donation which the donee
[page
151:
line
20
]
is
prohibited from accepting by virtue of paragraph 6
(1A)

(risk
assessment) must also give—

(a)

the name and address of the donor or the person
appearing
to be the donor or, if the regulated
donee
is unable to ascertain the identity of that
[page
151:
line
25
]
person,
details of the manner in which the donation
was
made;

(b)

the amount of the donation (if a donation of
money,
in cash or otherwise) or (in any other case)
the
nature of the donation and its value as
[page
151:
line
30
]
determined
in accordance with paragraph 5;

(c)

the date when the donation was received and the
date
when, and the manner in which, it was dealt
with
in accordance with section 56(2); and

(d)

such other information as is required by regulations
[page
151:
line
35
]
made
by the Commission.
”

6

In
paragraph 13
(declaration in donation report), in
sub-paragraph (2)
—

(a)

after “belief” insert “—

(a)

the regulated donee has undertaken a risk assessment
in
relation to any donation recorded in the report as
[page
151:
line
40
]
having
been accepted by the donee for which such
an
assessment is required by paragraph 6
(1A)
, and

(b)

”
.

[
p
age
152
]
7

In paragraph 15 (register of recordable donations), in sub-paragraph (3),
for
“or 11(4)” substitute “, 11(4) or 11(4A)”.

Risk
assessments in relation to loans etc: registered parties

8

Chapter 1
of
Part 4A
of
PPERA 2000
(regulation of loans to and related
[page
152:
line
5
]
transactions
with registered parties) is amended as set out in
paragraphs
9
to
15
.

9

In
section 71F
(regulated transactions), after
subsection (9)
insert—

“
(9A)

A reference to a registered party entering into a regulated transaction
includes
a reference to any circumstances in which the terms of a
[page
152:
line
10
]
regulated
transaction are varied so as to increase the value of the
transaction
to the registered party.
”

10

In
section 71H
(authorised participants), after
subsection (1)
insert—

“
(1A)

A registered party must not enter into a regulated transaction which
has
a value exceeding £11,180 unless the party has undertaken a
[page
152:
line
15
]
risk
assessment in relation to the transaction (see section 71HZB).

(1B)

For the purposes of
subsection (1A)
, a regulated transaction entered
into
with a person is to be treated as having a value exceeding
£11,180
if—

(a)

the party has not previously undertaken a risk assessment
[page
152:
line
20
]
in
relation to a relevant benefit accruing to the party in the
same
calendar year, and

(b)

the aggregate amount of the transaction and any other
relevant
benefit or benefits accruing to the party in the same
calendar
year is more than £11,180.

[page
152:
line
25
]
(1C)

For the purposes of subsection (1A), a regulated transaction entered
into
with a person is also to be treated as having a value exceeding
£11,180
if—

(a)

the party has previously undertaken a risk assessment in
relation
to a relevant benefit accruing to the party in the
[page
152:
line
30
]
same
calendar year (the “previous risk-assessed benefit”),
and

(b)

the aggregate amount of the transaction and any other
relevant
benefit or benefits accruing to the party in that
calendar
year after the previous risk-assessed benefit accrued
[page
152:
line
35
]
to
the party (or, if there has been more than one, the last
such
benefit) is more than £11,180.

(1D)

In subsections (1B) and (1C), “relevant benefit”, in relation to a
person,
means—

(a)

a donation (within the meaning of Part 4) accepted by the
[page
152:
line
40
]
party
from that person as a donor, or

(b)

a relevant transaction entered into by the party and that
person
as a participant,

[
p
age
153
]
and
a relevant benefit accrues when it is accepted (if it is a donation)
or
entered into (if it is a transaction).
”

11

After
section 71HZA
insert—

“
71HZB

Risk assessments in relation to regulated transactions

[page
153:
line
5
]
(1)

A risk assessment under section 71H
(1A)
is an assessment by the
registered
party of the risk that a person (the “participant in
question”)
who is either another party to the regulated transaction
or
a party to a connected transaction is not an authorised participant.

(2)

In carrying out a risk assessment, the registered party must take
[page
153:
line
10
]
into
account the following risk factors—

(a)

the type of person that the participant in question is,

(b)

the previous history of transactions with the participant in
question,

(c)

the type of transaction under consideration,

[page
153:
line
15
]
(d)

the value of the regulated transaction, and

(e)

any other risk factors the registered party considers to be
relevant.

(3)

The Secretary of State may by regulations amend the risk factors
set
out in
subsection (2)
.

[page
153:
line
20
]
(4)

The Secretary of State may make such regulations either—

(a)

where the regulations give effect to a recommendation of
the
Commission, or

(b)

after consultation with the Commission.

(5)

In carrying out a risk assessment, the registered party must have
[page
153:
line
25
]
regard
to guidance in force under
section 54D
.

(6)

The registered party must retain for at least six years—

(a)

each risk assessment that it undertakes, and

(b)

the information it used to undertake each assessment,

and
must provide these to the Commission on request.
”

[page
153:
line
30
]
12

In
section 71I
(regulated transaction involving unauthorised participant),
in

subsection (1)
—

(a)

after “if” insert “—

(a)

”
;

(b)

at the end insert
“
, or

[page
153:
line
35
]
(b)

a registered party enters into a regulated transaction
without
undertaking a risk assessment where required
by
section 71H
(1A)
.
”

13

In
section 71L
(offences relating to regulated transactions)—

[
p
age
154
]
(a)

after
subsection (2)
insert—

“
(2A)

A registered party commits an offence if—

(a)

it enters into a regulated transaction without
undertaking
a risk assessment where required by
[page
154:
line
5
]
section
71H
(1A)
, and

(b)

an officer of the party knew or ought reasonably to
have
known of the matter mentioned in
paragraph
(a)
.

(2B)

A person commits an offence if—

[page
154:
line
10
]
(a)

they are the treasurer of a registered party,

(b)

the party enters into a regulated transaction without
undertaking
a risk assessment where required by
section
71H
(1A)
, and

(c)

they knew or ought reasonably to have known of the
[page
154:
line
15
]
matter
mentioned in
paragraph (b)
.
”
;

(b)

in
subsection (10)
, after “(2)” insert “or
(2B)
”;

(c)

omit
subsection (12)
.

14

In
section 71M
(quarterly reports of regulated transactions), in
subsection
(9)
—

[page
154:
line
20
]
(a)

after “record” insert “—

(a)

”
;

(b)

at the end insert
“
, and

(b)

any regulated transaction which is entered into by
the
party without undertaking a risk assessment as
[page
154:
line
25
]
required
by section 71H
(1A)
and is dealt with during
the
reporting period in accordance with section 71I.
”

15

In
section 71T
(declaration by treasurer in transaction report)—

(a)

in
subsection (2)
, before
paragraph (a)
insert—

“
(za)

the party has undertaken a risk assessment in relation
[page
154:
line
30
]
to
every regulated transaction that the party has
entered
into during the reporting period for which
such
an assessment is required by section 71H
(1A)
,
”
;

(b)

in
subsection (4)
, before
paragraph (a)
insert—

“
(za)

the party has undertaken a risk assessment in relation
[page
154:
line
35
]
to
every regulated transaction that the party, or (if
section
71Q(3)(b) applies) its central organisation, has
entered
into during the reporting period for which
such
an assessment is required by section 71H
(1A)
,
”
.

16

In
section 156
of
PPERA 2000
(orders and regulations)
, in
subsection (4ZA)

[page
154:
line
40
]
(inserted
by
section 60
(7)
of this Act), after paragraph (b) insert—

“
(c)

section 71HZB
(3)
;
”
.

[
p
age
155
]
17

In
Schedule 6A
to
PPERA 2000
(details to be given in transaction reports),
after

paragraph 4A
insert—

“
Information
where risk assessment not undertaken

4B

—

(1)
In relation to each recordable transaction in relation to which a
[page
155:
line
5
]
registered
party has not undertaken a risk assessment as required
by
section 71H
(1A)
, a quarterly report must give—

(a)

the name and address of each participant in the
transaction,
and

(b)

the date when, and the manner in which, the transaction
[page
155:
line
10
]
was
dealt with in accordance with subsections (3) to (5)
of
section 71I.

(2)

This paragraph does not apply in relation to a recordable
transaction
that is an Irish transaction (within the meaning given
by
paragraph 2A(2)).

[page
155:
line
15
]
4C

In relation to each recordable transaction that is an Irish
transaction
(within the meaning given by paragraph 2A(2)) in
relation
to which a registered party has not undertaken a risk
assessment
as required by section 71H
(1A)
, a quarterly report
must—

[page
155:
line
20
]
(a)

give the name of each participant in the transaction,

(b)

record the fact that the transaction is an Irish transaction,
and

(c)

give the date when, and the manner in which, the
transaction
was dealt with in accordance with subsections
[page
155:
line
25
]
(3)
to (5) of section 71I.
”

18

In
Schedule 20
to
PPERA 2000
(penalties), at the appropriate place insert—

“
Section
71L
(2A)
(registered
party
entering into regulated
transaction
without undertaking
[page
155:
line
30
]
risk
assessment: offence by
party)

On
summary conviction in England and
Wales:
fine

On
summary conviction elsewhere:
Level
5

On
indictment: fine

“
Section
71L
(2B)
(registered party
entering
into regulated
transaction
without undertaking
[page
155:
line
35
]
risk
assessment: offence by
treasurer)

On
summary conviction in England and
Wales:
fine or the general limit in a
magistrates’
court

On
summary conviction in Scotland:
statutory
maximum or 12 months

On
summary conviction in Northern
Ireland:
statutory maximum or 6 months

On
indictment: fine or 1 year
”
.

[page
155:
line
40
]
Risk
assessments in relation to loans etc: individuals and members associations

19

Schedule 7A
to
PPERA 2000
(controls of loans etc to individuals and
members
associations) is amended as set out in
paragraphs 20
to
27
.

[
p
age
156
]
20

In
paragraph 1
(operation and construction of Schedule), after
sub-paragraph
(4)
insert—

“
(4A)

A reference to a person entering into a controlled transaction
includes
a reference to any circumstances in which the terms of
[page
156:
line
5
]
a
controlled transaction are varied so as to increase the value of
the
transaction to the person.
”

21

In
paragraph 4
(authorised participants), after
sub-paragraph (1)
insert—

“
(1A)

A regulated participant must not enter into a controlled
transaction
which has a value exceeding £11,180 unless the
[page
156:
line
10
]
regulated
participant has undertaken a risk assessment in relation
to
the transaction (see sub-paragraph
(1E)
).

(1B)

For the purposes of
sub-paragraph (1A)
, a controlled transaction
entered
into with a person is to be treated as having a value
exceeding
£11,180 if—

[page
156:
line
15
]
(a)

the regulated participant has not previously undertaken
a
risk assessment in relation to a relevant controlled benefit
accruing
to the regulated participant in the same calendar
year,
and

(b)

the aggregate amount of the transaction and any other
[page
156:
line
20
]
relevant
controlled benefit or benefits accruing to the
regulated
participant in the same calendar year is more
than
£11,180.

(1C)

For the purposes of sub-paragraph (1A), a controlled transaction
entered
into with a person is also to be treated as having a value
[page
156:
line
25
]
exceeding
£11,180 if—

(a)

the regulated participant has previously undertaken a risk
assessment
in relation to a relevant controlled benefit
accruing
to the regulated participant in the same calendar
year
(the “previous risk-assessed benefit”), and

[page
156:
line
30
]
(b)

the aggregate amount of the transaction and any other
relevant
controlled benefit or benefits accruing to the
regulated
participant in that calendar year after the
previous
risk-assessed benefit accrued to the party (or, if
there
has been more than one, the last such benefit), is
[page
156:
line
35
]
more
than £11,180.

(1D)

In sub-paragraphs
(1B)
and
(1C)
, “relevant controlled benefit”, in
relation
to a person, means—

(a)

a controlled donation (within the meaning of paragraph
1(3)
of Schedule 7) accepted by the regulated participant
[page
156:
line
40
]
from
that person as a donor, or

(b)

a controlled transaction entered into by the regulated
participant
and that person as another participant,

and
a relevant controlled benefit accrues when it is accepted (if
it
is a donation) or entered into (if it is a transaction).

[
p
age
157
]
(1E)

Section 71HZB
(risk assessments in relation to regulated
transactions)
applies in relation to a risk assessment undertaken
by
a regulated participant under
sub-paragraph (1A)
as it applies
in
relation to a risk assessment undertaken by a registered party
[page
157:
line
5
]
under
section 71H
(1A)
.
”

22

In the italic heading before
paragraph 5
, at the end insert “etc”.

23

In
paragraph 5
(controlled transaction involving unauthorised participant
etc),
in
sub-paragraph (1)
—

(a)

after “if” insert “—

[page
157:
line
10
]
(a)

”
;

(b)

at the end insert
“
, or

(b)

a regulated participant enters into a controlled
transaction
without undertaking a risk assessment
where
required by paragraph 4
(1A)
.
”

[page
157:
line
15
]
24

In
paragraph 8
(offences)—

(a)

after
sub-paragraph (2)
—

“
(2A)

An individual who is a regulated participant commits an
offence
if they enter into a controlled transaction of a
description
mentioned in paragraph 2(1) or (2) without
[page
157:
line
20
]
undertaking
a risk assessment where required by
paragraph
4
(1A)
.

(2B)

A responsible person of a members association commits
an
offence if—

(a)

the association enters into a controlled transaction
[page
157:
line
25
]
of
a description mentioned in paragraph 2(1) or
(2)
without undertaking a risk assessment where
required
by paragraph 4
(1A)
, and

(b)

the responsible person knew or ought reasonably
to
have known of the matter mentioned in
[page
157:
line
30
]
paragraph
(a).
”
;

(b)

in
sub-paragraph (10)
, after “(2)” insert “or
(2B)
”;

(c)

omit
sub-paragraph (12)
.

25

In the italic heading before
paragraph 10
, at the end insert “or where risk
assessment
not undertaken”.

[page
157:
line
35
]
26

In
paragraph 10
(transaction reports: transactions with unauthorised
participants
etc), in
sub-paragraph (3)
(a)
, at the end insert “or participant
in
respect of whom a risk assessment has not been undertaken”.

27

In
paragraph 13
(declaration in transaction report), in
sub-paragraph (2)
,
after “belief” insert “—

[page
157:
line
40
]
(a)

the regulated participant has undertaken a risk assessment
in
relation to any transaction recorded in the report for which
such
an assessment is required by paragraph 4
(1A)
, and

[
p
age
158
]
(b)

”
.

28

In
Schedule 20
to
PPERA 2000
(penalties), at the appropriate place insert—

“
Paragraph
8
(2A)
of Schedule
7A
(individual regulated
[page
158:
line
5
]
participant
entering into
controlled
transaction without
undertaking
risk assessment)

On
summary conviction in England and
Wales:
fine or the general limit in a
magistrates’
court

On
summary conviction in Scotland:
statutory
maximum or 12 months

On
summary conviction in Northern
Ireland:
statutory maximum or 6 months

[page
158:
line
10
]
On
indictment: fine or 1 year

“
Paragraph
8
(2B)
of Schedule
7A
(members association
entering
into controlled
transaction
without
[page
158:
line
15
]
undertaking
risk assessment:
offence
by responsible person)

On
summary conviction in England and
Wales:
fine or the general limit in a
magistrates’
court

On
summary conviction in Scotland:
statutory
maximum or 12 months

On
summary conviction in Northern
Ireland:
statutory maximum or 6 months

On
indictment: fine or 1 year
”

Risk
assessments in relation to donations to recognised third parties

[page
158:
line
20
]
29

Chapter 2
of
Part 6
of
PPERA 2000
(financial controls relating to third party
national
election campaigns) is amended as set out in
paragraphs 30
to
37
.

30

In
section 95A
(quarterly donation reports), in
subsection (9)
, before
paragraph
(a)
insert—

“
(za)

the recognised third party has undertaken a risk assessment
[page
158:
line
25
]
in
relation to any reportable donation recorded in the report
as
having been accepted by the recognised third party for
which
such an assessment is required by paragraph 6
(1B)
of
Schedule
11,
”
.

31

In
section 99
(declaration by responsible person as to return under section
[page
158:
line
30
]
96),
in
subsection (3)
, before
paragraph (a)
insert—

“
(za)

the recognised third party has undertaken a risk assessment
in
relation to any relevant donation recorded in the return
as
having been accepted by the third party for which such
an
assessment is required by paragraph 6
(1B)
of Schedule
[page
158:
line
35
]
11,
”
.

32

Schedule 11
(control of donations to recognised third parties) is amended
as
set out in
paragraphs 33
to
36
.

33

—

In
paragraph 6
(prohibition on accepting donations from impermissible
donors),
before
sub-paragraph (2)
insert—

“
[page
158:
line
40
]
(1B)

A relevant donation of an amount exceeding £11,180 received by
a
recognised third party must not be accepted unless, before the
end
of the period of 30 days beginning with the date when the
[
p
age
159
]
donation
is received, the recognised third party has undertaken
a
risk assessment in relation to the donation (see
sub-paragraph
(1E)
).

(1C)

For the purposes of
sub-paragraph (1B)
, a donation to a recognised
[page
159:
line
5
]
third
party from a person is to be treated as a donation of an
amount
exceeding £11,180 if—

(a)

the recognised third party has not previously undertaken
a
risk assessment in relation to a relevant donation
accepted
from that person in the same calendar year, and

[page
159:
line
10
]
(b)

when the value of the donation is added to any other
relevant
donation or donations from the person accepted
by
the recognised third party in the same calendar year,
the
aggregate amount of the donations is more than
£11,180.

[page
159:
line
15
]
(1D)

For the purposes of sub-paragraph (1B), a donation to a recognised
third
party from a person is also to be treated as a donation of
an
amount exceeding £11,180 if—

(a)

the recognised third party has previously undertaken a
risk
assessment in relation to a relevant donation accepted
[page
159:
line
20
]
from
that person in the same calendar year (the “previous
risk-assessed
donation”), and

(b)

when the value of the donation is added to any other
relevant
donation or donations from that person accepted
by
the recognised third party in that calendar year after
[page
159:
line
25
]
the
previous risk-assessed donation was accepted (or, if
there
has been more than one, the last such donation), the
aggregate
amount of the donations is more than £11,180.

(1E)

Section 54C
(risk assessments in relation to donations) applies in
relation
to a risk assessment undertaken by a recognised third
[page
159:
line
30
]
party
under
sub-paragraph (1B)
as it applies in relation to a risk
assessment
undertaken by a registered party under section 54
(1A)
.

(1F)

But regulations made by the Secretary of State under section
54C(3)
apply in relation to a Scottish devolved donation or a
Welsh
devolved donation only if, before making the regulations,
[page
159:
line
35
]
the
Secretary of State obtained the consent of the Scottish Ministers
or
the Welsh Ministers (as the case may be).

(1G)

In sub-paragraph (1F)—

“
Scottish
devolved donation”
means a donation provision
about
which would be within the legislative competence
[page
159:
line
40
]
of
the Scottish Parliament if contained in an Act of that
Parliament;

“
Welsh
devolved donation”
means a donation provision
about
which would be within the legislative competence
of
Senedd Cymru if contained in an Act of the Senedd.
”

[
p
age
160
]
34

In
paragraph 7
(acceptance or return of donations), in
sub-paragraph (2)
,
after
paragraph (aa)
insert—

“
(ab)

sections 56(2) and 58(1)(a) shall have effect as if the references
to
section 54
(1A)
were construed as references to paragraph
[page
160:
line
5
]
6
(1B)
; and
”
.

35

In the italic heading before
paragraph 11
, for the words after “Donations”
substitute
“required to be returned”.

36

In
paragraph 11
—

(a)

in
sub-paragraph (1)
—

[page
160:
line
10
]
(i)

after “to” insert “—

(a)

”
;

(ii)

at the end insert
“
; and

(b)

relevant donations which a recognised third
party
is prohibited from accepting by virtue
[page
160:
line
15
]
of
paragraph 6
(1B)
.
”
;

(b)

after
sub-paragraph (3)
insert—

“
(3A)

Where a recognised third party is prohibited from
accepting
a relevant donation by virtue of paragraph 6
(1B)
,
the statement must record—

[page
160:
line
20
]
(a)

the name and address of the donor or the person
appearing
to be the donor or, if the recognised
third
party is unable to ascertain the identity of
that
person, details of the manner in which the
donation
was made;

[page
160:
line
25
]
(b)

the amount of the donation (if a donation of
money,
in cash or otherwise) or (in any other case)
the
nature of the donation and its value as
determined
in accordance with paragraph 5;

(c)

the date when the donation was received, and the
[page
160:
line
30
]
date
when, and the manner in which, it was dealt
with
in accordance with section 56(2); and

(d)

such other information as is required by regulations
made
by the Commission.
”

37

In
Schedule 11A
to
PPERA 2000
(requirements of quarterly and weekly
[page
160:
line
35
]
donation
reports)—

(a)

in
paragraph 2
(1)
(b)
(requirements of quarterly reports), after
“period”
insert “or where risk assessment not undertaken)”;

(b)

in
paragraph 5
(statement of reportable donations dealt with during
reporting
period)—

[page
160:
line
40
]
(i)

in
sub-paragraph (1)
(a)
omit the “or” at the end of
sub-paragraph
(i)
;

[
p
age
161
]
(ii)

in
sub-paragraph (1)
(a)
,
for the “and” at the end of
sub-paragraph
(ii)
substitute
“
or

(iii)

paragraph 6
(1B)
of that Schedule, and
”
;

(iii)

at the end insert—

“
[page
161:
line
5
]
(4)

In relation to a reportable donation of the kind
mentioned
in sub-paragraph (1)(a)(iii), the
“appropriate
details” means—

(a)

the name and address of the donor or, if
the
recognised third party is unable to
[page
161:
line
10
]
ascertain
the identity of the donor, details
of
the manner in which the donation was
made,

(b)

where the donation is of money, the
amount
of the donation,

[page
161:
line
15
]
(c)

where the donation is not of money, the
nature
of the donation and its value,

(d)

the date the donation was received by the
recognised
third party,

(e)

the date and manner in which the donation
[page
161:
line
20
]
was
dealt with in accordance with section
56(2),
and

(f)

such other information as may be required
by
regulations made by the Commission.
”

Risk
assessments in relation to donations to permitted participants in referendums

[page
161:
line
25
]
38

In
section 123
of
PPERA 2000
(declaration of responsible person as to return
under
section 120), in
subsection (3)
, before
paragraph (a)
insert—

“
(za)

the permitted participant has undertaken a risk assessment
in
relation to any relevant donation recorded in the return
as
having been accepted by the permitted participant for
[page
161:
line
30
]
which
such an assessment is required by paragraph 6
(1A)

of
Schedule 15,
”
.

39

Schedule 15
to
PPERA 2000
(control of donations to permitted participants)
is
amended as set out in
paragraphs 40
to
43
.

40

In
paragraph 6
(prohibition on accepting donations from impermissible
[page
161:
line
35
]
donors),
after
sub-paragraph (1)
insert—

“
(1A)

A relevant donation of an amount exceeding £11,180 received by
a
permitted participant must not be accepted by the permitted
participant
unless, before the end of the period of 30 days
beginning
with the date when the donation is received by the
[page
161:
line
40
]
permitted
participant, the permitted participant has undertaken
a
risk assessment in relation to the donation (see
sub-paragraph
(1D)
).

[
p
age
162
]
(1B)

For the purposes of
sub-paragraph (1A)
, a donation to a permitted
participant
from a person in respect of a referendum is to be
treated
as a donation of an amount exceeding £11,180 if—

(a)

the permitted participant has not previously undertaken
[page
162:
line
5
]
a
risk assessment in relation to a relevant donation
accepted
from that person in respect of the same
referendum,
and

(b)

when the value of the donation is added to any other
relevant
donation or donations from the person in respect
[page
162:
line
10
]
of
the same referendum that are accepted by the permitted
participant,
the aggregate amount of the donations is more
than
£11,180.

(1C)

For the purposes of sub-paragraph (1A), a donation to a permitted
participant
from a person in respect of a referendum is also to
[page
162:
line
15
]
be
treated as a donation of an amount exceeding £11,180 if—

(a)

the permitted participant has previously undertaken a risk
assessment
in relation to a relevant donation accepted
from
that person in respect of the same referendum (the
“previous
risk-assessed donation”), and

[page
162:
line
20
]
(b)

when the value of the donation is added to any other
relevant
donation or donations from that person in respect
of
the same referendum accepted by the permitted
participant
after the previous risk-assessed donation was
accepted
(or, if there has been more than one, the last such
[page
162:
line
25
]
donation),
the aggregate amount of the donations is more
than
£11,180.

(1D)

Section 54C (risk assessments in relation to donations) applies in
relation
to a risk assessment undertaken by a permitted participant
under

sub-paragraph (1A)
as it applies in relation to a risk
[page
162:
line
30
]
assessment
undertaken by a registered party under section
54
(1A)
.
”

41

In
paragraph 7
(acceptance or return of donations), in
sub-paragraph (2)
,
after
paragraph (aa)
insert—

“
(ab)

sections 56(2) and 58(1)(a) shall have effect as if the references
[page
162:
line
35
]
to
section 54(1A) were construed as references to paragraph
6
(1A)
; and
”
.

42

In the italic heading before
paragraph 11
, for the words after “Donations”
substitute
“required to be returned”.

43

In
paragraph 11
—

[page
162:
line
40
]
(a)

in
sub-paragraph (1)
—

(i)

after “to” insert “—

(a)

”
;

[
p
age
163
]
(ii)

at the end insert
“
; and

(b)

relevant donations which a permitted
participant
is prohibited from accepting by
virtue
of paragraph 6
(1A)
(risk assessment).
”
;

[page
163:
line
5
]
(b)

after
sub-paragraph (3)
insert—

“
(3A)

Where a permitted participant is prohibited from accepting
a
relevant donation by virtue of paragraph 6
(1A)
, the
statement
must record—

(a)

the name and address of the donor or the person
[page
163:
line
10
]
appearing
to be the donor or, if the permitted
participant
is unable to ascertain the identity of
that
person, details of the manner in which the
donation
was made;

(b)

the amount of the donation (if a donation of
[page
163:
line
15
]
money,
in cash or otherwise) or (in any other case)
the
nature of the donation and its value as
determined
in accordance with paragraph 5;

(c)

the date when the donation was received, and the
date
when, and the manner in which, it was dealt
[page
163:
line
20
]
with
in accordance with section 56(2); and

(d)

such other information as is required by regulations
made
by the Commission.
”

Risk
assessments in relation to donations to candidates at elections

44

Schedule 2A
to
RPA 1983
(control of donations to candidates) is amended
[page
163:
line
25
]
as
set out in
paragraphs 45
to
49
.

45

In
paragraph 6
(prohibition on accepting donations from impermissible
donors),
after
sub-paragraph (1)
insert—

“
(1A)

A relevant donation of an amount exceeding the threshold amount
(see
paragraph 6A) received by a candidate or their election agent
[page
163:
line
30
]
must
not be accepted unless, before the end of the period of 30
days
beginning with the date when the donation is received, the
election
agent has undertaken a risk assessment in relation to the
donation
(see
sub-paragraph (1D)
).

(1B)

For the purposes of
sub-paragraph (1A)
, a donation to a candidate
[page
163:
line
35
]
or
their election agent from a person in respect of an election is
to
be treated as a donation of an amount exceeding the threshold
amount
if—

(a)

the candidate or their election agent has not previously
undertaken
a risk assessment in relation to a relevant
[page
163:
line
40
]
donation
from that person accepted by the candidate or
their
election agent in respect of the same election, and

(b)

when the value of the donation is added to any other
relevant
donation or donations from the person accepted
[
p
age
164
]
by
the candidate or their election agent in respect of the
same
election, the aggregate amount of the donations is
more
than the threshold amount.

(1C)

For the purposes of sub-paragraph (1A), a donation to a candidate
[page
164:
line
5
]
or
their election agent from a person in respect of an election is
also
to be treated as a donation of an amount exceeding the
threshold
amount if—

(a)

the candidate or their election agent has previously
undertaken
a risk assessment in relation to a relevant
[page
164:
line
10
]
donation
from that person accepted by the candidate or
their
election agent in respect of the same election (the
“previous
risk-assessed donation”), and

(b)

when the value of the donation is added to any other
relevant
donation or donations from that person in respect
[page
164:
line
15
]
of
the same election accepted by the candidate or their
election
agent after the previous risk-assessed donation
was
accepted (or, if there has been more than one, the last
such
donation), the aggregate amount of the donations is
more
than the threshold amount.

[page
164:
line
20
]
(1D)

Section 54C
of
the 2000 Act
(risk assessments in relation to
donations)
applies in relation to a risk assessment undertaken by
an
election agent under
sub-paragraph (1A)
as it applies in
relation
to a risk assessment undertaken by a registered party
under
section 54
(1A)
of
the 2000 Act
.

[page
164:
line
25
]
(1E)

But regulations made by the Secretary of State under section
54C(3)
apply in relation to donations to a candidate for a local
government
election in Scotland or Wales (or their election agent)
only
if, before making the regulations, the Secretary of State
obtained
the consent of the Scottish Ministers or the Welsh
[page
164:
line
30
]
Ministers
(as the case may be).
”

46

After paragraph 6 insert—

“
“The
threshold amount” in paragraph 6

6A

—

(1)
In paragraph 6, “the threshold amount” means—

(a)

in relation to relevant donations made to candidates for
[page
164:
line
35
]
local
government elections in Scotland (or their election
agents),
£11,180;

(b)

in relation to relevant donations made to candidates for
local
government elections in Wales (or their election
agents),
£11,180;

[page
164:
line
40
]
(c)

in relation to any other relevant donations, £11,180.

(2)

The Scottish Ministers may by regulations vary the sum for the
time
being mentioned in sub-paragraph (1)(a)—

[
p
age
165
]
(a)

where the Ministers consider that the variation of the sum
is
expedient in consequence of changes in the value of
money,
or

(b)

in order to give effect to a recommendation of the
[page
165:
line
5
]
Commission.

(3)

The Welsh Ministers may by regulations vary the sum for the
time
being mentioned in sub-paragraph (1)(b)—

(a)

where the Ministers consider that the variation of the sum
is
expedient in consequence of changes in the value of
[page
165:
line
10
]
money,
or

(b)

in order to give effect to a recommendation of the
Commission.

(4)

The Secretary of State may by regulations vary the sum for the
time
being mentioned in sub-paragraph (1)(c)—

[page
165:
line
15
]
(a)

where the Secretary of State considers that the variation
of
the sum is expedient in consequence of changes in the
value
of money, or

(b)

in order to give effect to a recommendation of the
Commission.

[page
165:
line
20
]
(5)

Regulations made by the Scottish Ministers under sub-paragraph
(2)(b)
are subject to the negative procedure (see section 28 of the
Interpretation
and Legislative Reform (Scotland) Act 2010 (asp
10)).

(6)

Regulations made by the Welsh Ministers under sub-paragraph
[page
165:
line
25
]
(3)(b)
are subject to the Senedd annulment procedure (see section
37E
of the Legislation (Wales) Act 2019 (anaw 4)).
”

47

In
paragraph 7
(acceptance or return of donations), in
sub-paragraph (2)
,
after
paragraph (a)
insert—

“
(aa)

sections 56(2) and 58(1)(a) shall have effect as if the references
[page
165:
line
30
]
to
section 54(1A) were construed as references to paragraph
6
(1A)
;
”
.

48

In the italic heading before
paragraph 12
, for the words after “Donations”
substitute
“required to be returned”.

49

In
paragraph 12
—

[page
165:
line
35
]
(a)

in
sub-paragraph (1)
—

(i)

after “to” insert “—

(a)

”
;

(ii)

at the end insert
“
; and

(b)

relevant donations which a candidate or
[page
165:
line
40
]
election
agent is prohibited from accepting by
virtue
of paragraph 6
(1A)
(risk assessment).
”
;

[
p
age
166
]
(b)

after
sub-paragraph (3)
insert—

“
(3A)

Where a candidate or election agent is prohibited from
accepting
a relevant donation by virtue of paragraph 6
(1A)
,
the statement must record—

[page
166:
line
5
]
(a)

the name and address of the donor or, if the
candidate
or election agent is unable to ascertain
the
identity of the donor, details of the manner in
which
the donation was made;

(b)

the amount of the donation (if a donation of
[page
166:
line
10
]
money,
in cash or otherwise) or (in any other case)
the
nature of the donation and its value as
determined
in accordance with paragraph 5;

(c)

the date when the donation was received, and the
date
when, and the manner in which, it was dealt
[page
166:
line
15
]
with
in accordance with section 56(2) of
the 2000
Act
; and

(d)

such other information as is required by regulations
made
by the Commission.
”

50

In
section 201
of
RPA 1983
(regulations)—

[page
166:
line
20
]
(a)

in
subsection (2)
, for the words from “under”, in the second place
it
occurs, to “unless” substitute “under—

(a)

section 10(4),

(b)

section 29(8);

(c)

section 110(7),

[page
166:
line
25
]
(d)

section 203(4),

(e)

section 203A(2), or

(f)

paragraph 6A(4) of Schedule 2A,

unless
”
;

(b)

in
subsection (2A)
, for the words from “section 10(4)” to “shall”
[page
166:
line
30
]
substitute

“
—

(a)

section 10(4),

(b)

section 110(7),

(c)

section 203A(2), or

(d)

paragraph 6A(4)(b) of Schedule 2A,

[page
166:
line
35
]
shall
”
.

51

In
Schedule 3
to
RPA 1983
(return and declarations as to election expenses),
in
the Form of Declaration, after
paragraph 3
insert—

“
3A

I confirm that all risk assessments required by
paragraph 6
(1A)

of

Schedule 2A
to the
Representation of the People Act 1983
have
[page
166:
line
40
]
been
undertaken in relation to donations to the candidate [to me]
for
the purposes of meeting expenses of this election.
”

[
p
age
167
]
Risk
assessments in relation to donations to accredited campaigners in recall petitions

52

Schedule 4
to the
Recall of MPs Act 2015
(control of donations to accredited
campaigners)
is amended as set out in
paragraphs 53
to
58
.

53

In
paragraph 8
(power to alter certain financial limits), in
sub-paragraph
[page
167:
line
5
]
(1)
, after
paragraph (a)
insert—

“
(aa)

paragraph 9A(1) or (2) (amount above which donation
requires
a risk assessment);
”
.

54

After
paragraph 9
insert—

“
Prohibition
on accepting certain donations without undertaking a risk assessment

[page
167:
line
10
]
9A

—

(1)
A relevant donation of an amount exceeding £11,180 received by
an
accredited campaigner must not be accepted by the accredited
campaigner
unless, before the end of the period of 30 days
beginning
with the day when the donation is received, the
accredited
campaigner has undertaken a risk assessment in
[page
167:
line
15
]
relation
to the donation (see
sub-paragraph (4)
).

(2)

For the purposes of
sub-paragraph (1)
, a donation from a person
in
respect of a recall petition is to be treated as a donation of an
amount
exceeding £11,180 if—

(a)

the accredited campaigner has not previously undertaken
[page
167:
line
20
]
a
risk assessment in relation to a relevant donation
accepted
from that person in respect of the same recall
petition,
and

(b)

when the value of the donation is added to any other
relevant
donation or donations from the person that are
[page
167:
line
25
]
accepted
by the accredited campaigner in respect of the
same
recall petition, the aggregate amount of the donations
is
more than £11,180.

(3)

For the purposes of sub-paragraph (1), a donation from a person
in
respect of a recall petition is also to be treated as a donation
[page
167:
line
30
]
of
an amount exceeding £11,180 if—

(a)

the accredited campaigner has previously undertaken a
risk
assessment in relation to a relevant donation accepted
from
that person in respect of the same recall petition (the
“previous
risk-assessed donation”), and

[page
167:
line
35
]
(b)

when the value of the donation is added to any other
relevant
donation or donations from that person in respect
of
the same recall petition accepted by the accredited
campaigner
after the previous risk-assessed donation was
accepted
(or, if there has been more than one, the last such
[page
167:
line
40
]
donation),
the aggregate amount of the donations is more
than
£11,180.

(4)

Section 54C
of
PPERA 2000
(risk assessments in relation to
donations)
applies in relation to a risk assessment undertaken by
[
p
age
168
]
an
accredited campaigner under
sub-paragraph (1)
as it applies
in
relation to a risk assessment undertaken by a registered party
under
section 54
(1A)
of
PPERA 2000
.
”

55

After
paragraph 15
insert—

“
[page
168:
line
5
]
Duty
to return donations where risk assessment not undertaken

15A

—

(1)
This paragraph applies where an accredited campaigner receives
a
relevant donation which the accredited campaigner is prohibited
from
accepting by virtue of paragraph 9A(1) (requirement to
undertake
risk assessment within 30 days).

[page
168:
line
10
]
(2)

In a case where the accredited campaigner is unable to ascertain
the
identity of the donor, the donation must be returned to the
appropriate
person before the end of the period of 30 days
beginning
with the day on which the donation is received.

(3)

In any other case, the donation must, before the end of that
[page
168:
line
15
]
period,
be returned to—

(a)

the donor, or

(b)

any person appearing to be acting on the donor’s behalf.

(4)

In
sub-paragraph (2)
, “the appropriate person” means—

(a)

where the donation was transmitted by a person other
[page
168:
line
20
]
than
the donor, and the identity of that person is apparent,
that
person,

(b)

where the identity of the person by whom the donation
was
transmitted is not apparent, but it is apparent that
the
donor has, in connection with the donation, used any
[page
168:
line
25
]
facility
provided by an identifiable financial institution,
that
institution, and

(c)

in any other case, the Electoral Commission.

(5)

If this paragraph is not complied with, an offence is committed
by—

[page
168:
line
30
]
(a)

the accredited campaigner, and

(b)

the responsible person.

(6)

A person guilty of an offence under this paragraph is liable—

(a)

on conviction on indictment, to imprisonment for a term
not
exceeding 12 months or a fine (or both), and

[page
168:
line
35
]
(b)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term
not
exceeding the general limit in a magistrates’
court
or a fine (or both),

(ii)

in Scotland, to imprisonment for a term not
[page
168:
line
40
]
exceeding
12 months or a fine not exceeding the
statutory
maximum (or both), and

[
p
age
169
]
(iii)

in Northern Ireland, to imprisonment for a term
not
exceeding 6 months or a fine not exceeding
the
statutory maximum (or both).

(7)

The Electoral Commission must pay into the Consolidated Fund
[page
169:
line
5
]
any
amount received by virtue of this paragraph.
”

56

In
paragraph 16
(circumstances in which donation treated as accepted or
received),
in
sub-paragraph (2)
—

(a)

in
paragraph (a)
—

(i)

for “or 15(2)” substitute “, 15(2) or 15A(2) or (3)”;

[page
169:
line
10
]
(ii)

after “donors” insert “or due to failure to undertake risk
assessment”;

(b)

in
paragraph (b)
, for “or 15(2)” substitute “, 15(2) or 15A(2) or (3)”.

57

In the italic heading before
paragraph 17
, at the end insert “or where risk
assessment
not undertaken”.

[page
169:
line
15
]
58

In
paragraph 17
(forfeiture of donations made by impermissible or
unidentifiable
donors), in
sub-paragraph (1)
, at the end insert “or 9A”.

59

Schedule 5
to the
Recall of MPs Act 2015
(recall petition returns) is amended
as
set out in
paragraphs 58
to
60
.

60

In the italic heading before
paragraph 4
, for “received from impermissible
[page
169:
line
20
]
or
unidentifiable donors” substitute “required to be returned”.

61

In
paragraph 4
(statement relating to relevant donations required to be
returned)—

(a)

in
sub-paragraph (1)
—

(i)

omit the “and” at the end of
paragraph (a)
;

[page
169:
line
25
]
(ii)

at the end insert
“
, and

(c)

recording the appropriate details in relation
to
each relevant donation that the accredited
campaigner
received but was prohibited from
accepting
by virtue of
paragraph 9A
of
[page
169:
line
30
]
Schedule
4 (risk assessment requirement), or
recording
that no relevant donations of that
kind
were received.
”
;

(b)

after
sub-paragraph (3)
insert—

“
(3A)

In relation to a relevant donation of the kind mentioned
[page
169:
line
35
]
in
sub-paragraph (1)(c), “the appropriate details” are—

(a)

the name and address of the donor or, if the
accredited
campaigner is unable to ascertain the
identity
of the donor, details of the manner in
which
the donation was made,

[page
169:
line
40
]
(b)

where the donation is of money, the amount of
the
donation,

[
p
age
170
]
(c)

where the donation is not of money, the nature of
the
donation and its value (as determined in
accordance
with paragraph 5 of Schedule 4),

(d)

the date the donation was received by the
[page
170:
line
5
]
accredited
campaigner,

(e)

the date and manner in which the donation was
returned
in accordance with
paragraph 15A
(2)
or
(3)
of Schedule 4, and

(f)

such other information as may be required by
[page
170:
line
10
]
regulations
made by the Electoral Commission.
”

62

In
paragraph 5
(declaration of responsible person as to return), in
sub-paragraph
(2)
, before
paragraph (a)
insert—

“
(za)

that the accredited campaigner has undertaken a risk
assessment
in relation to any relevant donation recorded in
[page
170:
line
15
]
the
return as having been accepted by the accredited
campaigner
for which such an assessment is required by
paragraph

9A
(1)
of Schedule 4,
”
.

Risk
assessments in relation to candidates in local elections: Northern Ireland

63

Schedule 3A
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
[page
170:
line
20
]
is
amended as set out in
paragraphs 64
to
67
.

64

In
paragraph 6
(prohibition on accepting donations from impermissible
donors),
after
sub-paragraph (1)
insert—

“
(1A)

A relevant donation of an amount exceeding £11,180 received by
a
candidate or their election agent must not be accepted unless,
[page
170:
line
25
]
before
the end of the period of 30 days beginning with the date
when
the donation is received, the election agent has undertaken
a
risk assessment in relation to the donation (see
sub-paragraph
(1D)
).

(1B)

For the purposes of
sub-paragraph (1A)
, a donation to a candidate
[page
170:
line
30
]
or
their election agent from a person in respect of an election is
to
be treated as a donation of an amount exceeding £11,180 if—

(a)

the candidate or their election agent has not previously
undertaken
a risk assessment in relation to a relevant
donation
from that person accepted by the candidate or
[page
170:
line
35
]
their
election agent in respect of the same election, and

(b)

when the value of the donation is added to any other
relevant
donation or donations from the person accepted
by
the candidate or their election agent in respect of the
same
election, the aggregate amount of the donations is
[page
170:
line
40
]
more
than £11,180.

(1C)

For the purposes of sub-paragraph (1A), a donation to a candidate
or
their election agent from a person in respect of an election is
[
p
age
171
]
also
to be treated as a donation of an amount exceeding £11,180
if—

(a)

the candidate or their election agent has previously
undertaken
a risk assessment in relation to a relevant
[page
171:
line
5
]
donation
from that person accepted by the candidate or
their
election agent in respect of the same election (the
“previous
risk-assessed donation”), and

(b)

when the value of the donation is added to any other
relevant
donation or donations from that person in respect
[page
171:
line
10
]
of
the same election accepted by the candidate or their
election
agent after the previous risk-assessed donation
was
accepted (or, if there has been more than one, the last
such
donation), the aggregate amount of the donations is
more
than £11,180.

[page
171:
line
15
]
(1D)

Section 54C
of
the 2000 Act
(risk assessments in relation to
donations)
applies in relation to a risk assessment undertaken by
an
election agent under
sub-paragraph (1A)
as it applies in
relation
to a risk assessment undertaken by a registered party
under
section 54
(1A)
of
the 2000 Act
.
”

[page
171:
line
20
]
65

In
paragraph 7
(acceptance or return of donations), in
sub-paragraph (2)
,
after
paragraph (a)
insert—

“
(aa)

sections 56(2) and 58(1)(a) shall have effect as if the references
to
section 54
(1A)
were construed as references to paragraph
6
(1A)
;
”
.

[page
171:
line
25
]
66

In the italic heading before
paragraph 12
, for the words after “Donations”
substitute
“required to be returned”.

67

In
paragraph 12
—

(a)

in
sub-paragraph (1)
—

(i)

after “to” insert “—

[page
171:
line
30
]
(a)

”
;

(ii)

at the end insert
“
; and

(b)

relevant donations which a candidate or
election
agent is prohibited from accepting by
virtue
of paragraph 6
(1A)
(risk assessment).
”
;

[page
171:
line
35
]
(b)

after
sub-paragraph (3)
insert—

“
(3A)

Where a candidate or election agent is prohibited from
accepting
a relevant donation by virtue of paragraph 6
(1A)
,
the statement must record—

(a)

the name and address of the donor or, if the
[page
171:
line
40
]
candidate
or election agent is unable to ascertain
the
identity of the donor, details of the manner in
which
the donation was made;

[
p
age
172
]
(b)

the amount of the donation (if a donation of
money,
in cash or otherwise) or (in any other case)
the
nature of the donation and its value as
determined
in accordance with paragraph 5;

[page
172:
line
5
]
(c)

the date when the donation was received, and the
date
when, and the manner in which, it was dealt
with
in accordance with section 56(2) of
the 2000
Act
.
”

Schedule
9

Section 62

[page
172:
line
10
]
Unincorporated
associations making political contributions

1

Schedule 19A
to
PPERA 2000
(reports of gifts received by unincorporated
associations
making political contributions) is amended as set out in
paragraphs
2
to
16
.

2

In the heading omit “Reports of gifts received by”.

[page
172:
line
15
]
3

In the italic heading before
paragraph 1
, for “£37,270” substitute “£11,180”.

4

—

(1)
Paragraph 1
(requirement to notify Electoral Commission of political
contributions)
is amended as follows.

(2)

In
sub-paragraph (1)
, for “£37,270” (in both places it occurs) substitute
“£11,180”.

[page
172:
line
20
]
(3)

In
sub-paragraph (2)
—

(a)

in
paragraph (c)
, for “donation” substitute “controlled donation”;

(b)

in
paragraph (e)
, for “donation” substitute “relevant donation”;

(c)

in
paragraph (f)
—

(i)

for “donation” substitute “relevant donation”;

[page
172:
line
25
]
(ii)

at the end insert “in a Part 7 referendum”;

(d)

at the end insert—

“
(h)

it makes a relevant donation within the meaning of
Schedule
2A
to the
Representation of the People Act
1983
to a candidate at an election to which
that Act

[page
172:
line
30
]
applies;

(i)

it makes a relevant donation within the meaning of
Schedule
6
to the
Senedd Cymru (Representation of
the
People) Order 2025
(S.I. 2025/864) to a candidate
at
an election to Senedd Cymru;

[page
172:
line
35
]
(j)

it makes a relevant donation within the meaning of
Schedule
2A
to the
Representation of the People Act
1983
to a candidate at an election to the Scottish
Parliament
(see
article 36
(4)
of the
Scottish Parliament
(Elections
etc.) Order 2015
(
S.S.I. 2015/425
));

[
p
age
173
]
(k)

it makes a relevant donation within the meaning of
Part
5
of
Schedule 3
to the
Referendums (Scotland)
Act
2020
(asp 2) to a permitted participant in a
Scottish
referendum;

[page
173:
line
5
]
(l)

it makes a relevant donation within the meaning of
Schedule
3A to the
Electoral Law Act (Northern
Ireland)
1962
(c. 14 (N.I.)) to a candidate at a local
election
within the meaning of
that Act
;

(m)

it makes a relevant donation within the meaning of
[page
173:
line
10
]
Schedule
5
to the
Police and Crime Commissioner
Elections
Order 2012
(S.I. 2012/1917) to a candidate
at
an election of a police and crime commissioner.
”

(4)

After
sub-paragraph (2)
insert—

“
(2A)

In sub-paragraph (2)(h), the reference to an election to which the
[page
173:
line
15
]
Representation
of the People Act 1983
applies includes an election
to
which
that Act
applies by virtue of—

(a)

the
Northern Ireland Assembly (Elections) Order 2001
(S.I.
2001/2599);

(b)

the
Local Authorities (Mayoral Elections) (England and
[page
173:
line
20
]
Wales)
Regulations 2007
(S.I. 2007/1024);

(c)

the
Combined Authorities (Mayoral Elections) Order 2017

(S.I.
2017/67).
”

(5)

In
sub-paragraph (4)
—

(a)

in the definition of “permitted participant”, after “participant” insert
[page
173:
line
25
]
“in
a Part 7 referendum”;

(b)

after the definition of “permitted participant” insert—

“
“
permitted
participant in a Scottish referendum”
has the
meaning
given in
paragraph 2
of
Schedule 3
to the
Referendums
(Scotland) Act 2020
;
”
.

[page
173:
line
30
]
(6)

In
sub-paragraph (5)
—

(a)

in
paragraph (d)
, after “participant” insert “in a Part 7 referendum”;

(b)

at the end insert—

“
(g)

the value of a donation to a candidate at an election
to
which the
Representation of the People Act 1983

[page
173:
line
35
]
applies
shall be determined in accordance with
paragraph
5
of
Schedule 2A
to
that Act
;

(h)

the value of a donation to a candidate at an election
to
Senedd Cymru shall be determined in accordance
with

paragraph 5
of
Schedule 6
to the
Senedd Cymru
[page
173:
line
40
]
(Representation
of the People) Order 2025
(S.I.
2025/864);

(i)

the value of a donation to a candidate at an election
to
the Scottish Parliament shall be determined in
[
p
age
174
]
accordance
with
paragraph 5
of
Schedule 2A
to the
Representation
of the People Act 1983
;

(j)

the value of a donation to a permitted participant in
a
Scottish referendum shall be determined in
[page
174:
line
5
]
accordance
with
paragraph 34
of
Schedule 3
to the
Referendums
(Scotland) Act 2020
(asp 2);

(k)

the value of a donation to a candidate at a local
election
within the meaning of the
Electoral Law Act
(Northern
Ireland) 1962
(c. 14 (N.I.)) shall be
[page
174:
line
10
]
determined
in accordance with
paragraph 5
of
Schedule
3A
to
that Act
;

(l)

the value of a donation to a candidate at an election
of
a police and crime commissioner shall be
determined
in accordance with
paragraph 5
of
[page
174:
line
15
]
Schedule
5
to the
Police and Crime Commissioner
Elections
Order 2012
(S.I. 2012/1917).
”

(7)

At the end insert—

“
(7)

Sub-paragraph (8) applies if—

(a)

a requirement imposed by this paragraph is prescribed
[page
174:
line
20
]
for
the purposes of paragraph 1(1)(b) or 5(1)(b) of Schedule
19C
(civil sanctions),

(b)

the unincorporated association breaches the requirement,
and

(c)

at the time of the breach, an appointment of a responsible
[page
174:
line
25
]
person
in relation to the unincorporated association is in
force
(see paragraph
1A
(10)
).

(8)

The responsible person is to be treated for the purposes of
paragraph
1 or (as the case may be) paragraph 5 of Schedule 19C
as
having also contravened the requirement.
”

[page
174:
line
30
]
5

—

(1)
After
paragraph 1
insert—

“
Appointment
of responsible person

1A

—

(1)
This paragraph applies where the making of a political
contribution
by an unincorporated association causes the
association
to be subject to the notification requirement in
[page
174:
line
35
]
paragraph
1.

(2)

The association must appoint an individual to be the responsible
person
in relation to the association, unless it already has one
(see

sub-paragraph (7)
).

(3)

The association must, at the same time as notifying the
[page
174:
line
40
]
Commission
under paragraph 1, give a notice to the Commission
informing
them that the association has appointed an individual
to
be the responsible person in relation to the association.

(4)

The notice—

[
p
age
175
]
(a)

must contain a statement signed by the individual
appointed
as the responsible person confirming that they
are
willing to be the responsible person, and

(b)

must be signed by another individual authorised to do so
[page
175:
line
5
]
by
the unincorporated association.

(5)

The notice must also state—

(a)

the name and address of the unincorporated association;

(b)

the full name of the individual appointed as the
responsible
person;

[page
175:
line
10
]
(c)

that individual’s home address in the United Kingdom,
or
(if there is no such home address) the individual’s home
address
elsewhere;

(d)

that individual’s role or position in relation to the
association
(in addition to being the responsible person);

[page
175:
line
15
]
(e)

the full name of the individual signing under
sub-paragraph
(4)
(b)
and their role or position in relation
to
the association.

(6)

The notice must contain a declaration, made by the individual
signing
under
sub-paragraph (4)
(b)
, that to the best of their
[page
175:
line
20
]
knowledge
and belief—

(a)

everything stated in the notice is accurate, and

(b)

the notice contains everything that it is required by this
paragraph
to contain.

(7)

Where an unincorporated association would be required by
[page
175:
line
25
]
sub-paragraph
(2) to appoint an individual to be the responsible
person
in relation to the association but an appointment of such
a
person is already in force, the notice under sub-paragraph (3)
must
inform the Commission that the responsible person is willing
to
remain as the responsible person in relation to the association
[page
175:
line
30
]
(and
sub-paragraph (4)(a) is to be read accordingly).

(8)

An unincorporated association—

(a)

may appoint a different individual to replace the
responsible
person appointed under
sub-paragraph (2)
or
any
replacement responsible person, and

[page
175:
line
35
]
(b)

must appoint a replacement responsible person if the
responsible
person for the time being appointed becomes
unable
or unwilling to act as the responsible person in
relation
to the association before the appointment would
otherwise
have lapsed.

[page
175:
line
40
]
(9)

Where an unincorporated association appoints a replacement
responsible
person, it must, before the end of the period of seven
days
beginning with the day on which the replacement person
is
appointed, give a notice to the Commission informing them of
the
appointment.

[
p
age
176
]
(10)

Sub-paragraphs (4)
to
(6)
apply to a notice under
sub-paragraph
(9)
as they apply to a notice under
sub-paragraph (3)
.

(11)

An appointment under
sub-paragraph (2)
or
(8)
—

(a)

comes into force on the date on which notice of the
[page
176:
line
5
]
appointment
is received by the Commission, and

(b)

continues until—

(i)

the Commission receives a further notice from the
unincorporated
association informing the
Commission
of the appointment of a replacement
[page
176:
line
10
]
responsible
person, or

(ii)

the appointment lapses.

(12)

An appointment of a responsible person lapses at the end of the
period
of three months beginning with the day on which the
unincorporated
association makes its final report under paragraph
[page
176:
line
15
]
2(4).

(13)

If any of the information given to the Commission about a
responsible
person changes while their appointment is in force,
the
unincorporated association must, within the period of 30 days
beginning
with the date on which the information changed, give
[page
176:
line
20
]
a
notice to the Commission informing them of the change.

(14)

The notice must contain a declaration, made by an individual
authorised
to do so by the unincorporated association, that to the
best
of their knowledge and belief everything stated in the notice
is
accurate.

[page
176:
line
25
]
Prohibition
on using gifts from impermissible donors etc to make political
contributions

1B

—

(1)
This paragraph applies where the making of a political
contribution
by an unincorporated association causes the
association
to be subject to the notification requirement in
[page
176:
line
30
]
paragraph
1.

(2)

Every gift with a value of more than £500 that the unincorporated
association
uses (or has used) for the purposes of making a
relevant
political contribution must be a permissible gift.

(3)

A “relevant political contribution” means a political contribution
[page
176:
line
35
]
that
is made in the calendar year in which the contribution date
falls.

(4)

A gift is a “permissible gift” in relation to a relevant political
contribution
if—

(a)

it was received in the relevant period, and

[page
176:
line
40
]
(b)

at the time the gift was received by the unincorporated
association,
the person by whom the gift was made was
a
permissible donor.

[
p
age
177
]
(5)

The “relevant period” is the period beginning with the start of
the
calendar year preceding the year in which the contribution
date
falls, and ending with the date on which the relevant political
contribution
is made.

[page
177:
line
5
]
Meaning
of “permissible donor”

1C

—

(1)
A person is a permissible donor for the purposes of this Schedule
if
they fall within any of paragraphs (a) to (g) of section 54(2).

(2)

For the purposes of this Schedule, a gift received by an
unincorporated
association which is an exempt trust donation is
[page
177:
line
10
]
to
be regarded as a gift received from a permissible donor.

(3)

But, for the purposes of this Schedule, a gift received by an
unincorporated
association from a trustee of any property (in the
trustee’s
capacity as such) which is not—

(a)

an exempt trust donation, or

[page
177:
line
15
]
(b)

a gift transmitted by the trustee to the unincorporated
association
on behalf of beneficiaries under the trust who
are
persons who, at the time of its receipt by the
unincorporated
association, are permissible donors falling
within
any of paragraphs (a) to (g) of section 54(2),

[page
177:
line
20
]
is
to be regarded as a gift received by the unincorporated
association
from a person who is not a permissible donor.

(4)

Section 162 (meaning of exempt trust donation) applies for the
purposes
of this paragraph as if, in subsection (2)(a), for “27th
July
1999” there were substituted “7th April 2026”.
”

[page
177:
line
25
]
6

In
paragraph 2
(requirement to report gifts to Electoral Commission)—

(a)

for “£11,180” (in each place it occurs) substitute “£2,230”;

(b)

omit
sub-paragraph (6)
;

(c)

at the end insert—

“
(9)

If—

[page
177:
line
30
]
(a)

a requirement imposed by this paragraph is
prescribed
for the purposes of paragraph 1(1)(b)
or
5(1)(b) of Schedule 19C (civil sanctions), and

(b)

the unincorporated association breaches the
requirement,

[page
177:
line
35
]
the
responsible person in relation to the unincorporated
association
is to be treated for the purposes of paragraph
1
or (as the case may be) paragraph 5 of Schedule 19C as
having
also contravened the requirement.
”

7

In the italic heading before
paragraph 3
, at the end insert “: non-political
[page
177:
line
40
]
gifts”.

8

In
paragraph 3
(information to be included in reports under paragraph 2:
non-political
gifts), in
sub-paragraph (1)
—

[
p
age
178
]
(a)

in the words before
paragraph (a)
, after “specified” insert “that is
not
a political gift”;

(b)

after
paragraph (b)
insert—

“
(ba)

the fact that it was not a political gift;
”
;

[page
178:
line
5
]
(c)

after
sub-paragraph (1)
insert—

“
(1A)

A gift is a “political gift” if it is retained by the
unincorporated
association for the purposes of making a
political
contribution.
”

9

After
paragraph 3
insert—

“
[page
178:
line
10
]
Information
to be included in reports under paragraph 2: political gifts

3A

—

(1)
A report under paragraph 2 must give the following information
in
relation to each gift that is required to be specified that is a
political
gift—

(a)

the date on which it was received;

[page
178:
line
15
]
(b)

the form that it took;

(c)

the fact that it was a political gift;

(d)

the amount or value of it;

(e)

the information about the person by whom the gift was
made
which is, in connection with recordable donations
[page
178:
line
20
]
to
registered parties, required to be recorded in donation
reports
by virtue of paragraph 2 or 2A of Schedule 6.

(2)

A gift is a “political gift” if it is retained by the unincorporated
association
for the purposes of making a political contribution.

(3)

Where paragraph 2(5) applies, each of the gifts of more than £500
[page
178:
line
25
]
mentioned
in that provision is required to be specified separately
for
the purposes of sub-paragraph (1).

(4)

Where a person (“P”) makes a gift indirectly through one or more
intermediaries,
the reference in sub-paragraph
(1)
(e)
to the person
by
whom the gift was made is to be read as a reference to P and
[page
178:
line
30
]
each
of the intermediaries.

(5)

In the case of a gift given by an individual who has an
anonymous
entry in an electoral register (within the meaning of
the

Representation of the People Act 1983
), if the report states
that
the unincorporated association has seen evidence of such
[page
178:
line
35
]
description
as is prescribed by the Secretary of State in regulations
that
the individual has such an anonymous entry (see paragraph
2(3B)
of Schedule 6, as applied by sub-paragraph
(1)
(e)
), the report
must
be accompanied by a copy of the evidence.
”

10

In the italic heading before
paragraph 4
, for “authorised individual”
[page
178:
line
40
]
substitute
“responsible person”.

11

In
paragraph 4
(declaration)—

(a)

the existing text becomes
sub-paragraph (1)
;

[
p
age
179
]
(b)

in
that sub-paragraph
, in the words before
paragraph (a)
—

(i)

for “an individual authorised to do so” substitute “the
responsible
person appointed under
paragraph 1A
”;

(ii)

for “individual’s” substitute “person’s”;

[page
179:
line
5
]
(c)

at the end insert—

“
(2)

A notification under paragraph 1 must also contain a
declaration
that, to the best of the responsible person’s
knowledge
and belief, every gift with a value of more
than
£500 that was used for the purposes of making—

[page
179:
line
10
]
(a)

the political contribution that was made on the
contribution
date, and

(b)

any political contribution made previously in the
calendar
year in which the contribution date falls,

was
a permissible gift.

[page
179:
line
15
]
(3)

A report under paragraph 2 must also contain a
declaration
that, to the best of the responsible person’s
knowledge
and belief—

(a)

every gift received by the unincorporated
association
in the period covered by the report that
[page
179:
line
20
]
is
required by paragraph 2 to be specified in the
report
has been so specified;

(b)

every gift with a value of more than £500—

(i)

that was received by the unincorporated
association
in the period covered by the
[page
179:
line
25
]
report,
and

(ii)

that the unincorporated association has
used,
or intends to use, for the purposes of
making
a relevant political contribution,

is
a permissible gift.
”

[page
179:
line
30
]
12

In
paragraph 5
(additional matters to be included in notifications and
reports)—

(a)

in the words before
paragraph (a)
, after “3” insert “, 3A”;

(b)

in
paragraph (c)
, for “individual making the declaration under
paragraph
4” substitute “responsible person”;

[page
179:
line
35
]
(c)

omit
paragraphs (d)
and
(e)
.

13

In
paragraph 6
(offences)—

(a)

before
sub-paragraph (3)
insert—

“
(2A)

An unincorporated association and the responsible person
for
the unincorporated association each commits an offence
[page
179:
line
40
]
if—

(a)

the unincorporated association uses a gift for the
purposes
of making a relevant political contribution
which—

[
p
age
180
]
(i)

has a value of more than £500, and

(ii)

is not a permissible gift; and

(b)

the responsible person for the unincorporated
association
knew or ought reasonably to have
[page
180:
line
5
]
known
of the matters mentioned in paragraph (a).

(2B)

It is a defence for a responsible person charged with an
offence
under sub-paragraph (2A) to prove that they took
all
reasonable steps to prevent the unincorporated
association
from making the political contribution using
[page
180:
line
10
]
a
gift that was not a permissible gift.
”
;

(b)

in
sub-paragraph (3)
, after “paragraph” insert “
1A
(6)
or
(13)
or”;

(c)

after sub-paragraph (3) insert—

“
(3A)

A person commits an offence if—

(a)

they knowingly give an unincorporated association
[page
180:
line
15
]
any
information relating to—

(i)

the amount of any gift to the association,
or

(ii)

the person or body making such a gift,

which
is false in a material particular, or

[page
180:
line
20
]
(b)

with intent to deceive, they withhold from an
unincorporated
association any material
information
relating to a matter within paragraph
(a)(i)
or (ii),

in
circumstances where they believe that the
[page
180:
line
25
]
unincorporated
association may use the gift for the
purposes
of making a political contribution.
”

14

In
paragraph 7
(register of recordable gifts to unincorporated associations)—

(a)

in
sub-paragraph (2)
(a)
, at the end insert—

“
(iv)

the name of the responsible person appointed
[page
180:
line
30
]
by
the unincorporated association under
paragraph

1A
;
”

(b)

in sub-paragraph (2)(b)(iii), at the end insert “or 3A”.

15

For the italic heading before
paragraph 9
substitute “Interpretation”.

16

In
paragraph 9
(interpretation), at the end insert—

“
[page
180:
line
35
]
(5)

In this Schedule—

“
contribution
date”
has the meaning given in paragraph 2;

“
permissible
gift”
has the meaning given in
paragraph 1B
;

“
relevant
political contribution”
has the meaning given in
paragraph
1B
.
”

[
p
age
181
]
17

For section 140A of PPERA 2000 and the italic heading before it, substitute—

“
Unincorporated
associations making political contributions

140A

“
Unincorporated associations making political contributions

Schedule
19A, which makes provision about unincorporated
[page
181:
line
5
]
associations
making political contributions, has effect.
”

18

In section 145 of PPERA 2000 (duties of Electoral Commission with respect
to
compliance with controls imposed by the Act etc), in subsection (1)(a),
after
sub-paragraph (iii) (but before the “and”) insert—

“
(iv)

Schedule 19A;
”

[page
181:
line
10
]
19

In
Schedule 19B
to
PPERA 2000
(investigatory powers of Electoral
Commission)—

(a)

in
paragraph 1
(power to require disclosure), in
sub-paragraph (1)
,
after
paragraph (e)
insert—

“
(ea)

an unincorporated association;
”
;

[page
181:
line
15
]
(b)

in
paragraph 2
(inspection warrants), in
sub-paragraph (1)
, at the
end
insert—

“
(e)

an unincorporated association.
”

20

In
Schedule 20
to
PPERA 2000
(penalties), at the appropriate place insert—

“
Paragraph
6
(2A)
of Schedule 19A
[page
181:
line
20
]
(using
impermissible gift to make
political
contribution)

On
summary conviction in England
and
Wales: fine or the general limit
in
a magistrates’ court

On
summary conviction in Scotland:
statutory
maximum or 12 months

On
summary conviction in Northern
[page
181:
line
25
]
Ireland:
statutory maximum or 6
months

On
indictment: fine or 1 year

Paragraph
6(3A)(a) of Schedule 19A
(knowingly
giving unincorporated
[page
181:
line
30
]
association
false information about
gifts)

On
summary conviction in England
and
Wales: fine or the general limit
in
a magistrates’ court

On
summary conviction in Scotland:
statutory
maximum or 12 months

On
summary conviction in Northern
Ireland:
statutory maximum or 6
[page
181:
line
35
]
months

On
indictment: fine or 1 year

Paragraph
6(3A)(b) of Schedule 19A
(withholding
from unincorporated
association
information about gifts
[page
181:
line
40
]
with
intent to deceive)

On
summary conviction in England
and
Wales: fine or the general limit
in
a magistrates’ court

On
summary conviction in Scotland:
statutory
maximum or 12 months

[
p
age
182
]
On
summary conviction in Northern
Ireland:
statutory maximum or 6
months

On
indictment: fine or 1 year
”
.

[page
182:
line
5
]
21

In
section 62
of the
Electoral Administration Act 2006
(regulation of loans:
power
to make provision for candidates, third parties, referendums and
recall
petitions)—

(a)

in
subsection (2)
, at the end insert—

“
(e)

an unincorporated association that is subject to the
[page
182:
line
10
]
notification
requirement in paragraph 1 of Schedule
19A
to the 2000 Act.
”
;

(b)

in the heading, for the words from “provision” to the end, substitute
“additional
provision”.

Schedule
10

Section 66

[page
182:
line
15
]
Decriminalisation
of certain administrative requirements

Part
1

Abolition
of offences

Introduction

1

PPERA 2000
is amended as follows.

[page
182:
line
20
]
Registered
parties

2

Omit
section 47
(criminal penalty for failure to submit proper statement of
accounts).

3

In
section 65
(submission of donation reports) omit
subsections (3)
and
(4)
.

4

In
section 71S
(submission of transaction reports) omit
subsections (4)
and
[page
182:
line
25
]
(5)
.

5

In
section 82
(delivery of campaign expenditure returns) omit
subsection
(4)
.

6

In
section 83
(treasurers’ declarations about campaign expenditure returns)
in

subsection (3)
omit
paragraph (b)
.

[page
182:
line
30
]
7

In
Schedule 7
(control of donations to party members and members
associations)—

(a)

omit
paragraph 1B
and the italic heading before it (offence of failing
to
appoint responsible person);

(b)

in
paragraph 12
(failure to comply with requirements about donation
[page
182:
line
35
]
reports)
omit
sub-paragraphs (1)
and
(2)
.

[
p
age
183
]
8

In
paragraph 12
of
Schedule 7A
(failure to comply with reporting
requirements
in relation to certain transactions involving party members
and
members associations) omit
sub-paragraphs (1)
and
(2)
.

Recognised
third parties

[page
183:
line
5
]
9

In
section 95C
(offences in relation to donation reports by recognised third
parties)
omit
subsection (1)
.

10

In
section 98
(delivery of controlled expenditure returns) omit
subsection
(4)
.

11

In
section 99
(responsible persons’ declarations about controlled expenditure
[page
183:
line
10
]
returns),
in
subsection (4)
omit
paragraph (b)
.

12

In
section 99A
(responsible persons’ declarations about statements of
accounts),
in
subsection (3)
omit
paragraph (b)
.

Referendum
participants

13

In
section 122
(delivery of permitted participants’ referendum expenses
[page
183:
line
15
]
returns)
omit
subsection (4)
.

14

In
section 123
(responsible persons’ declarations about referendum expenses
returns),
in
subsection (4)
omit
paragraph (b)
.

Unincorporated
associations making political contributions

15

In
paragraph 6
of
Schedule 19A
(offences relating to the notification and
[page
183:
line
20
]
reporting
of contributions and gifts) omit
sub-paragraphs (1)
,
(2)
and
(4)
.

Part
2

Consequential
amendments

PPERA
2000

16

—

(1)
PPERA 2000
is amended as follows.

[page
183:
line
25
]
(2)

In
section 48
(revision of accounts), in
subsection (9)
omit
paragraph (b)

(power
to modify section 47(1)).

(3)

In
section 65
(6)
(forfeiture of party donation not properly reported)—

(a)

for “such requirements” substitute “relevant requirement”;

(b)

at the end insert—

“
[page
183:
line
30
]
“Relevant
requirement” means a requirement of this Part
as
regards the recording of donations in a donation report.
”

(4)

In
Schedule 7
(control of donations to party members and members
associations)—

(a)

for the italic heading before
paragraph 12
substitute “Forfeiture of
[page
183:
line
35
]
donation
not properly reported”;

[
p
age
184
]
(b)

in
paragraph 12
(4)
, for “such requirements” substitute “requirement
of
paragraph 10 or 11”;

(c)

in
paragraph 17
—

(i)

in
sub-paragraph (2)
(b)
omit “, and paragraph 12(1) and (2),”;

[page
184:
line
5
]
(ii)

omit
sub-paragraph (3)
.

(5)

In
Schedule 7A
(control of loans and other transactions involving party
members
or members associations)—

(a)

for the italic heading before
paragraph 12
substitute “Reversal of
transaction
not properly reported”;

[page
184:
line
10
]
(b)

in
paragraph 12
(4)
, for “such requirements” substitute “requirement
of
paragraph 9, 10 or 11”;

(c)

in
paragraph 17
(4)
omit “or 12(1) or (2)”;

(d)

in
paragraph 18
—

(i)

in
sub-paragraph (2)
omit
paragraph (b)
;

[page
184:
line
15
]
(ii)

omit
sub-paragraph (3)
.

(6)

In the table in
Schedule 20
(penalties for offences) omit the rows that begin
as
follows—

“Section
47(1)(a)”;

“Section
47(1)(b)”;

[page
184:
line
20
]
“Section
65(3)”;

“Section
65(4)”;

“Section
71S(4)”;

“Section
71S(5)”;

“Section
82(4)(a)”;

[page
184:
line
25
]
“Section
82(4)(b)”;

“Section
82(4)(c)”;

“Section
83(3)(b)”;

“Section
95C(1)(a)”;

“Section
95C(1)(b)”;

[page
184:
line
30
]
“Section
95C(1)(c)”;

“Section
98(4)(a)”;

“Section
98(4)(aa)”;

“Section
98(4)(b)”;

“Section
98(4)(ba)”;

[page
184:
line
35
]
“Section
98(4)(c)”;

“Section
99(4)(b)”;

“Section
99A(3)(b)”;

“Section
122(4)(a)”;

“Section
122(4)(b)”;

[page
184:
line
40
]
“Section
122(4)(c)”;

“Section
123(4)(b)”;

“Paragraph
1B of Schedule 7”;

[
p
age
185
]
“Paragraph
12(1) of Schedule 7”;

“Paragraph
12(2) of Schedule 7”;

“Paragraph
12(1) of Schedule 7A”;

“Paragraph
12(2) of Schedule 7A”;

[page
185:
line
5
]
“Paragraph
6(1) of Schedule 19A”;

“Paragraph
6(2) of Schedule 19A”.

Political
Parties and Elections Act 2009

17

In
section 13
of the
Political Parties and Elections Act 2009
(addition of
“reasonable
excuse” defence to certain offences under PPERA 2000) omit—

[page
185:
line
10
]
(a)

subsection (2)
(a)
and
(b)
;

(b)

subsection (3)
(a)
;

(c)

subsection (4)
(a)
;

(d)

subsection (5)
(a)
and
(b)
;

(e)

subsection (6)
(a)
and
(b)
.

[page
185:
line
15
]
Schedule
11

Section 67

Extension
of Electoral Commission’s enforcement functions

Part
1

Amendments
of PPERA 2000

Introduction

[page
185:
line
20
]
1

PPERA 2000
is amended as follows.

General
provisions

2

For the italic heading before
section 145
substitute “Enforcement functions
of
the Commission”.

3

—

(1)
Section 145
(general duties with respect to compliance) is amended as
[page
185:
line
25
]
follows.

(2)

In
subsection (1)
—

(a)

omit the “and” after
paragraph (a)
;

(b)

after
paragraph (b)
insert
“
, and

(c)

any other restriction or requirement failure to comply
[page
185:
line
30
]
with
which amounts or may amount to an offence
that
is prescribed for the purposes of paragraph 1, 5,
10
or 15 of Schedule 19C (offences in respect of which
civil
sanction may be imposed).
”

(3)

Omit
subsection (7)
.

[
p
age
186
]
4

In
section 147
(1)
(which introduces Schedule 19C), in
paragraph (a)
, at the
end
insert “and offences under certain provisions of the Representation of
the
People Act 1983, the Electoral Law Act (Northern Ireland) 1962, the
Recall
of MPs Act 2015 and the Elections Act 2022”.

[page
186:
line
5
]
Offences
relating to the supply of information

5

—

(1)
Section 148
(general offences) is amended as follows.

(2)

In
subsection (1)
—

(a)

in the words before
paragraph (a)
, after “if” insert “, with the
requisite
intention,”;

[page
186:
line
10
]
(b)

omit the words after “19B”.

(3)

After
subsection (1)
insert—

“
(1A)

The requisite intention is that of—

(a)

falsifying the book, record or other document in question,
or

[page
186:
line
15
]
(b)

enabling any person to evade a relevant enactment.
”

(4)

In
subsection (2)
, in the words before
paragraph (a)
, for “any of the
provisions
of this Act” substitute “a relevant enactment”.

(5)

In
subsection (3)
, in the words after
paragraph (b)
, for “any of the provisions
of
this Act” substitute “a relevant enactment”.

[page
186:
line
20
]
(6)

Omit
subsection (5)
.

(7)

In
subsection (6)
—

(a)

before
paragraph (a)
insert—

“
(za)

“relevant enactment” means—

(i)

an enactment that confers functions on the
[page
186:
line
25
]
Commission,
or

(ii)

an enactment in relation to which the
Commission
has an enforcement function;

(zb)

“enforcement function”, in relation to an enactment,
means
a function of, or conferred for the purpose
[page
186:
line
30
]
of—

(i)

monitoring or securing compliance with the
enactment,
or

(ii)

investigating, or taking measures in response
to,
failures to comply with the enactment;
”
;

[page
186:
line
35
]
(b)

in
paragraph (a)
, for the words after “is” substitute “—

(i)

a regulated donee,

(ii)

a regulated participant,

(iii)

a recognised third party,

(iv)

a permitted participant,

[page
186:
line
40
]
(v)

a candidate at an election,

[
p
age
187
]
(vi)

the election agent for such a candidate,

(vii)

subject to third-party election campaigning
requirements,
or

(viii)

an accredited recall campaigner;
”
;

[page
187:
line
5
]
(c)

in
paragraph (b)
—

(i)

omit the “or” after
sub-paragraph (iii)
;

(ii)

after
sub-paragraph (iv)
insert—

“
(v)

a person, other than an individual,
who
is subject to third-party election
[page
187:
line
10
]
campaigning
requirements, or

(vi)

an accredited recall campaigner other
than
an individual;
”
;

(d)

in
paragraph (c)
, after
sub-paragraph (v)
insert—

“
(vi)

in relation to a person who is subject to
[page
187:
line
15
]
third-party
election campaigning requirements,
means
the treasurer or similar officer of the
person
or, if there is no such officer, an
individual
authorised by the person for the
purposes
of subsections (2) and (3),

[page
187:
line
20
]
(vii)

in relation to an accredited recall campaigner,
the
person who is the responsible person in
relation
to the campaigner for the purposes
of

Schedule 3
to the
Recall of MPs Act 2015

(see
paragraph 21 of that Schedule);
”
.

[page
187:
line
25
]
(8)

After
subsection (6)
insert—

“
(7)

For the purposes of this section, a person is “subject to third-party
election
campaigning requirements” if the person—

(a)

is required to deliver a return under
section 75
(2)
of the
Representation
of the People Act 1983
or
section 41
(5)
of the
[page
187:
line
30
]
Electoral
Law Act (Northern Ireland) 1962
, or

(b)

has been given a disclosure notice under paragraph 1 of
Schedule
19B in reliance on sub-paragraph (1)(i) or (j) of that
paragraph.
”

Interpretation
of enforcement provisions

[page
187:
line
35
]
6

After
section 148
insert—

“
148A

Interpretation of enforcement provisions

In
sections 145 to 148 and Schedules 19B and 19C—

“
accredited
recall campaigner”
means a person who is an
accredited
campaigner for the purposes of
Schedule 3
to the
[page
187:
line
40
]
Recall
of MPs Act 2015
(see paragraph 17 of that Schedule);

“
candidate
”
is to be read—

[
p
age
188
]
(a)

in relation to an election to which
Part 2
of the
Representation
of the People Act 1983
applies, in
accordance
with
section 118A
of
that Act
, and

(b)

in relation to an election to which
Part 6
,
9
or
10
of
[page
188:
line
5
]
the

Electoral Law Act (Northern Ireland) 1962
applies,
in
accordance with
section 130
(3)
and
(3A)
of
that
Act
;

“
election
”
means a relevant election for the purposes of Part
2;

“
[page
188:
line
10
]
election
agent”
includes a sub-agent.
”

Procedure
for orders prescribing offences

7

In
section 156
(4A)
(orders subject to affirmative procedure), for the words
from
“1(1)” to “or paragraph” substitute “1, 5, 10 or”.

Investigatory
powers

[page
188:
line
15
]
8

—

(1)
Schedule 19B
(Commission’s investigatory powers) is amended as follows.

(2)

In
paragraph 1
(1)
(persons subject to power to require financial disclosure)—

(a)

in
paragraph (f)
omit “(other than a local government election in
Scotland)”;

(b)

after
paragraph (h)
insert—

“
[page
188:
line
20
]
(i)

a person who the Commission believes or reasonably
suspects
has incurred expenditure that—

“
(i)

contravenes
subsection (1)
of
section 75
of the
Representation
of the People Act 1983

(unauthorised
third-party expenditure),

[page
188:
line
25
]
(ii)

would do so but for the authorisation of an
election
agent as mentioned in
that section
,
or

(iii)

would do so but for
subsection (1ZZB)
of
that
section
;

[page
188:
line
30
]
(j)

a person who the Commission believes or reasonably
suspects
has incurred expenditure that—

“
(i)

contravenes
subsection (1)
of
section 41
of the
Electoral
Law Act (Northern Ireland) 1962

(unauthorised
third-party expenditure),

[page
188:
line
35
]
(ii)

would do so but for the authorisation of an
election
agent as mentioned in
that section
,
or

(iii)

would do so but for
subsection (2)
(ii)
of
that
section
;

[page
188:
line
40
]
(k)

an accredited recall campaigner.
”

[
p
age
189
]
(3)

In
paragraph 3
(1)
(a)
(offences engaging power to require documents or
other
information), for “an offence under this Act” substitute “—

(i)

an offence under this Act, or

(ii)

any other offence that is prescribed for the purposes
[page
189:
line
5
]
of
paragraph 1, 5, 10 or 15 of Schedule 19C (offences
in
respect of which civil sanction may be imposed),
”
.

(4)

In
paragraph 4
(2)
(powers of court where document not obtained under
paragraph
3), in
paragraph (a)
, for “under this Act” substitute “within
paragraph
3(1)(a)”.

[page
189:
line
10
]
(5)

In
paragraph 5
(2)
(powers of court where information or explanation not
obtained
under paragraph 3), in
paragraph (a)
, for “under this Act”
substitute
“within paragraph 3(1)(a)”.

Civil
sanctions

9

—

(1)
Schedule 19C
(imposition by Commission of civil sanctions) is amended
[page
189:
line
15
]
as
follows.

(2)

In
paragraph 1
(fixed monetary penalties)—

(a)

after
sub-paragraph (2)
insert—

“
(2A)

The Commission may by notice impose a fixed monetary
penalty
on an accounting unit of a registered party if
[page
189:
line
20
]
satisfied
beyond reasonable doubt that the registered
treasurer
of the unit—

(a)

has committed a prescribed offence, or

(b)

has (otherwise than by committing an offence
under
this Act) contravened a prescribed restriction
[page
189:
line
25
]
or
requirement imposed by or by virtue of this
Act.
”
;

(b)

after
sub-paragraph (4)
insert—

“
(4A)

The Commission may by notice impose a fixed monetary
penalty
on the responsible person if satisfied beyond
[page
189:
line
30
]
reasonable
doubt that a members association has
contravened
a prescribed restriction or requirement
imposed
by or by virtue of Schedule 7 or 7A (otherwise
than
by committing an offence under or by virtue of that
Schedule).

[page
189:
line
35
]
(4B)

The Commission may by notice impose a fixed monetary
penalty
on a relevant electoral candidate if satisfied beyond
reasonable
doubt that the candidate’s election agent has
committed
a prescribed offence.

(4C)

The Commission may by notice impose a fixed monetary
[page
189:
line
40
]
penalty
on an accredited recall campaigner if satisfied
beyond
reasonable doubt that the responsible person has
committed
a prescribed offence.
”
;

[
p
age
190
]
(c)

at the end insert—

“
(7)

A person’s ceasing to fall within a category referred to
above
does not affect any liability already incurred (by
that
person or any other) to the imposition of a penalty
[page
190:
line
5
]
under
this paragraph.
”

(3)

In
paragraph 4
(effect of fixed monetary penalty on criminal proceedings)—

(a)

in
sub-paragraphs (1)
(a)
and
(b)
and
(2)
, for “this” substitute “the
applicable”;

(b)

after
sub-paragraph (2)
insert—

“
[page
190:
line
10
]
(3)

In this paragraph, “the applicable Act” means the Act that
contains
the offence, restriction or requirement in respect
of
which the penalty is imposed or proposed to be
imposed.
”

(4)

In
paragraph 5
(discretionary requirements)—

[page
190:
line
15
]
(a)

after
sub-paragraph (2)
insert—

“
(2A)

The Commission may by notice impose one or more
discretionary
requirements on an accounting unit of a
registered
party if satisfied beyond reasonable doubt that
the
registered treasurer of the unit—

[page
190:
line
20
]
(a)

has committed a prescribed offence, or

(b)

has (otherwise than by committing an offence
under
this Act) contravened a prescribed restriction
or
requirement imposed by or by virtue of this
Act.
”
;

[page
190:
line
25
]
(b)

after
sub-paragraph (4)
insert—

“
(4A)

The Commission may by notice impose one or more
discretionary
requirements on the responsible person if
satisfied
beyond reasonable doubt that a members
association
has contravened a prescribed restriction or
[page
190:
line
30
]
requirement
imposed by or by virtue of Schedule 7 or 7A
(otherwise
than by committing an offence under or by
virtue
of that Schedule).

(4B)

The Commission may impose one or more discretionary
requirements
on a relevant electoral candidate if satisfied
[page
190:
line
35
]
beyond
reasonable doubt that the candidate’s election
agent
has committed a prescribed offence.

(4C)

The Commission may impose one or more discretionary
requirements
on an accredited recall campaigner if satisfied
beyond
reasonable doubt that the responsible person has
[page
190:
line
40
]
committed
a prescribed offence.
”
;

(c)

at the end insert—

“
(9)

A person’s ceasing to fall within a category referred to
above
does not affect any liability already incurred (by
[
p
age
191
]
that
person or any other) to the imposition of a
requirement
under this paragraph.
”

(5)

In
paragraph 8
(effect of discretionary requirement on criminal
proceedings)—

[page
191:
line
5
]
(a)

in
sub-paragraph (1)
, for “this” substitute “the applicable”;

(b)

after
sub-paragraph (2)
insert—

“
(3)

In this paragraph, “the applicable Act” means the Act that
contains
the offence, restriction or requirement in respect
of
which the discretionary requirement is imposed.
”

[page
191:
line
10
]
(6)

In
paragraph 10
(stop notices)—

(a)

in
sub-paragraph (2)
(c)
, for the words from “controls” to “others”
substitute
“relevant system of controls”;

(b)

in
sub-paragraph (3)
(c)
, for “controls mentioned in sub-paragraph
(2)(c)”
substitute “relevant system of controls”;

[page
191:
line
15
]
(c)

after
sub-paragraph (4)
insert—

“
(5)

In this paragraph, “the relevant system of controls” means
the
system of controls of which the offence, restriction or
requirement
in question forms part.
”

(7)

In
paragraph 15
(enforcement undertakings)—

[page
191:
line
20
]
(a)

in
sub-paragraph (2)
(a)
, for “this” substitute “the applicable”;

(b)

after
sub-paragraph (2)
insert—

“
(3)

In this paragraph, “the applicable Act” means the Act that
contains
the offence, restriction or requirement that
engaged
sub-paragraph (1)(a).
”

[page
191:
line
25
]
(8)

In
paragraph 20
(extension of time for taking criminal proceedings)—

(a)

the existing text becomes
sub-paragraph (1)
;

(b)

in
that sub-paragraph
, for the words from “under” to the end of
paragraph
(b) substitute “to which this paragraph applies”;

(c)

after
that sub-paragraph
insert—

“
[page
191:
line
30
]
(2)

This paragraph applies to an offence of which a person
is
liable to be convicted by virtue of—

(a)

paragraph 8(2) (failure to comply with
non-monetary
discretionary requirement), or

(b)

the words before paragraph (a) in paragraph 15(2)
[page
191:
line
35
]
(failure
to comply with undertaking).
”

(9)

In
paragraph 23
(use of statements made compulsorily), after
sub-paragraph
(2)
insert—

“
(3)

If the offence under
section 48
(1)
of the
Elections Act 2022

(breaching
requirements as to publication of electronic material)
[page
191:
line
40
]
is
prescribed for the purposes of paragraph 1, 5 or 10,
sub-paragraph
(1) applies to a requirement imposed under
[
p
age
192
]
Schedule
12
to
that Act
as it applies to a requirement imposed
under
Schedule 19B.
”

(10)

In
paragraph 25
(1)
(guidance as to enforcement action), in
paragraph (a)
(ii)
,
for “contravenes a restriction or requirement” substitute “commits any other
[page
192:
line
5
]
offence,
or contravenes a restriction or requirement,”.

(11)

In
paragraph 29
(interpretation)—

(a)

at the appropriate place insert—

“
“
relevant
electoral candidate”
means a candidate at an election
to
which
Part 2
of the
Representation of the People Act 1983

[page
192:
line
10
]
or

Part 6
of the
Electoral Law Act (Northern Ireland) 1962

applies;
”
;

(b)

in the definition of “responsible person”, after
paragraph (b)
insert—

“
(c)

in relation to a members association, means the
responsible
person for the purposes of Schedule
[page
192:
line
15
]
7
and 7A (see paragraphs 1(9) and 1A of the
former
and paragraph 1(7A) to (7C) of the
latter);

(d)

in relation to an accredited recall campaigner,
means
the responsible person for the purposes
[page
192:
line
20
]
of

Schedule 3
to the
Recall of MPs Act 2015
(see
paragraph
21 of that Schedule);
”
.

10

In
Schedule 7
(control of donations to party members and members
associations),
in
paragraph 17
(functions and liabilities of compliance
officers),
after
sub-paragraph (2)
insert—

“
[page
192:
line
25
]
(2A)

If—

(a)

a notice under this paragraph is in force,

(b)

a restriction or requirement imposed by or by virtue of
this
Schedule is prescribed for the purposes of paragraph
1(1)(b)
or 5(1)(b) of Schedule 19C, and

[page
192:
line
30
]
(c)

the office-holder contravenes the restriction or requirement,

the
compliance officer is to be treated for the purposes of
paragraph
1 or (as the case may be) 5 of Schedule 19C as having
also
contravened the restriction or requirement.
”

11

In
Schedule 7A
(control of loans and other transactions involving party
[page
192:
line
35
]
members
or members associations), in
paragraph 18
(compliance officers),
after

sub-paragraph (2)
insert—

“
(2A)

If—

(a)

a notice under paragraph 17 of Schedule 7 is in force,

(b)

either—

[page
192:
line
40
]
(i)

an offence under paragraph 8 of this Schedule, or

(ii)

a restriction or requirement imposed by or by
virtue
of this Schedule,

[
p
age
193
]
is
prescribed for the purposes of paragraph 1(1)(b) or
5(1)(b)
of Schedule 19C, and

(c)

the office-holder commits the offence or contravenes the
restriction
or requirement,

[page
193:
line
5
]
the
compliance officer is to be treated for the purposes of
paragraph
1 or (as the case may be) 5 of Schedule 19C as having
also
committed the offence or contravened the restriction or
requirement.
”

Part
2

[page
193:
line
10
]
Minor
and consequential amendments of other legislation

Electoral
Law Act (Northern Ireland) 1962

12

—

(1)
The
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) is amended as
follows.

(2)

In
section 49
(7)
(liabilities avoided where court allows excuse for
[page
193:
line
15
]
non-compliance),
after “this Act” insert “or the Political Parties, Elections
and
Referendums Act 2000”.

(3)

In
section 120
(Director of Public Prosecutions)—

(a)

omit
subsection (1)
(duty to inquire and prosecute);

(b)

in
subsection (3)
omit “other than his general duties under
[page
193:
line
20
]
sub-section
(1)”.

RPA
1983

13

—

(1)
RPA 1983
is amended as follows.

(2)

In
section 86
(7)
(liabilities avoided where court allows excuse for
non-compliance),
after “this Act” insert “or the Political Parties, Elections
[page
193:
line
25
]
and
Referendums Act 2000”.

(3)

In
section 181
(Director of Public Prosecutions)—

(a)

omit
subsection (1)
(duty to inquire and prosecute);

(b)

in
subsection (2)
, after “Director” insert “of Public Prosecutions”;

(c)

in
subsection (5)
omit the words from “(other” to “above)”.

[page
193:
line
30
]
Elections
Act 2022

14

In the
Elections Act 2022
—

(a)

omit
section 50
(enforcement by Electoral Commission of Part 6 of
that
Act);

(b)

in
section 53
(supply of information) omit subsection (2).

Representation of the People Bill

[As amended in Committee]

A

bill

to

Make provision extending the right to vote to 16 and 17 year olds; to make provision
about the registration of voters; to make provision about the administration and conduct
of elections, referendums and recall petitions; to make provision about election agents’
addresses; to make provision about political expenditure and political donations;
to make provision about information to be included in electronic campaigning material;
to make provision about offences and civil sanctions in connection with elections,
referendums and recall petitions and with donations and expenditure for political
purposes; to repeal provision about the designation of a strategy and policy statement
for the Electoral Commission; to make provision about the disclosure of information
by the Electoral Commission; to make provision about the disqualification of offenders
for holding elective offices, and their sentencing, where offences are aggravated
by hostility towards persons involved in elections, referendums or recall petitions
or holders of such offices; and for connected purposes.

Presented by
Secretary Steve Reed

supported by
The Prime Minister, Darren Jones, Secretary Liz Kendall, Secretary Lisa Nandy, Dan Jarvis, Samantha Dixon, Chris Ward and Josh Simons

Ordered, by The
House of Commons
, to be Printed,
21st April 2026
.

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