Representation of the People Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Schedule 1
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 18, line 24, at end insert--
 
    ("(  )  All electors entitled to vote in parliamentary or local government elections shall have a designation by their entry in the register if they are not deemed British citizens.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 19, line 17, at end insert (", or to remain,") 
     Page 19, line 25, after ("above)") insert ("or other places at which persons to whom section 7A above applies may be detained") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 19, line 27, at end insert ("except in so far as it is necessary to ensure that a declarant is not unlawfully occupying the premises by virtue of which he claims a local connection,") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 19, line 41, leave out from ("shall") to second ("as") in line 43 and insert ("make such alterations in his registers as fall to be made in accordance with section 10A below") 
     Page 19, line 44, at end insert--
 
    ("(  )  In this section "residence" means residence for the purposes of section 4 above.")
 
     Page 19, leave out lines 45 to 50 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 19, leave out lines 45 to 50 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 20, line 14, at end insert ("in respect of that address") 
     Page 20, leave out lines 28 to 35 and insert--
 
    ("(5)  Where the name of a person ("the elector") is duly entered in a register in respect of any address, the elector is entitled to remain registered in the register in respect of that address until such time as the registration officer concerned--
    (a)  determines, on the conclusion of a canvass under section 10 above, that the elector was not resident at that address on the 15th October in question, or that because--
          (i)  the form mentioned in section 10(4) above was not returned in respect of that address, or
          (ii)  for any other reason, insufficient information was obtained as to whether the elector was resident at that address on that date,
      the registration officer is unable to satisfy himself that the elector was then so resident at that address, or
    (b)  determines, in any prescribed circumstances, that the elector has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above.
    (6)  Where the entitlement of a person to remain registered in a register in respect of any address terminates by virtue of subsection (5) above, the registration officer concerned shall remove that person's entry from the register once the officer has satisfied any prescribed requirements applying in relation to the removal of that entry.
 
    (7)  Subsection (6) above does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances; and regulations may, in particular, authorise a registration officer to retain entries in his registers for the prescribed period if he thinks fit in cases where the form mentioned in section 10(4) above has not been returned in respect of any address.
 
    (8)  Nothing in subsection (5) or (6) applies in relation to the registration of persons in pursuance of--
    (a)  applications for registration made by virtue of section 7(2) or 7A(2) above; or
    (b)  declarations falling within section 10(3)(b) above.
    (9)  In this section--
    determines" means determines in accordance with regulations;
    resident" means resident for the purposes of section 4 above.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 20, line 35, at end insert--
 
    ("(  )  It shall be the responsibility of the registration officer to take whatever measures he deems necessary and reasonable to verify a declaration of local connection.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 20, line 47, leave out ("(subject to any regulations under section 10(7) above)") 
     Page 21, line 20, after ("13A") insert ("or 13B") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 21, line 21, at end insert--
 
    ("(  )  On publication or alteration to the register, any person registered within a borough or district shall have the right to make a challenge to any inclusion, alteration or omission to the said register; and regulations shall apply the provisions of section 56 in respect of any such challenge.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 21, line 29, leave out from ("made") to first ("that") in line 32 and insert ("by any person in accordance with the prescribed requirements, determines") 
     Page 21, leave out lines 34 to 39 and insert--
    ("(  ) is required, by virtue of any provision of this Part of this Act, to remove a person's entry from the register;")
 
     Page 21, line 44, leave out ("becomes satisfied") and insert ("determines") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 21, line 45, at end insert--
 
    ("(  )  Each registration officer shall each month, or seven days before any poll, contact every registrar of Births, Marriages and Deaths covering the area for which he is responsible in order to ascertain the names and addresses of those persons deceased within the previous month and the registration shall remove such deceased persons from the register within three working days of the ascertaining this information.")
 
     Page 21, line 45, at end insert--
 
    ("(  )  The electoral registration officer may, as he thinks fit, conduct an enquiry or canvass into part or all of the electoral register, notwithstanding subsection (1) of this section."
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 22, line 1, leave out ("subsection (4)") and insert ("section 13B(1)") 
     Page 22, leave out lines 18 to 22 and insert--
 
    ("(  )  Subsection (2) above also does not require a registration officer to issue a notice under that subsection in a case where section 13B(3) below requires him to issue a notice under that provision.")
 
     Page 22, line 25, at end insert ("and section 13B below") 
     Page 22, line 26, at beginning insert ("For the purposes of subsection (1) above "determines" means determines in accordance with regulations; and") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 22, line 28, at end insert-- 
 ("Accountability of registration officers to Electoral Commission.     13B.  Electoral registration officers shall be accountable to the Electoral Commission in relation to the compilation, production and accuracy of the electoral register.") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 22, line 28, at end insert-- 
 (""Alteration of registers: pending elections.     13B.--(1) An alteration in a published version of a register of electors which takes effect under section 13A(2) above after the final nomination day in the case of an election to which this section applies shall not have effect for the purposes of that election unless the alteration-- 
  
      (a)  is made in consequence of a decision or determination falling within section 13A(1)(d) or (e) above; and
      (b)  takes effect on or before the fifth day before the date of the poll.
        (2)  Subsection (3) below applies where--
      (a)  at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a decision or determination--
            (i)  falling within subsection (1)(d) or (e) of that section, and
            (ii)  in consequence of which a person's name falls to be entered in (or removed from) the register in respect of an address in the relevant election area; and
      (b)  no alteration made in consequence of that decision or determination--
            (i)  has already taken effect, or
            (i)  is due to take effect,
        under subsection (2) of that section on or before the fifth day before the date of the poll.
        (3)  In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and--
      (a)  the notice shall be so issued by him on the appropriate publication date; and
      (b)  the alteration shall take effect as from the beginning of that day.
        (4)  This section applies to the following elections--
      (a)  parliamentary elections,
      (b)  elections to the European Parliament,
      (c)  elections to the Scottish Parliament,
      (d)  elections to the National Assembly for Wales,
      (e)  elections to the Northern Ireland Assembly, and
      (f)  local government elections in England, Wales or Scotland.
        (5)  In this section--
      the appropriate publication date", in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;
      the final nomination day", in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;
      the relevant election area", in relation to a registration officer and such an election, means--
            (a)  the area for which the registration officer acts, or
            (b)  if the election is held in only part of that area, the part of that area in question.
        (6)  Section 119 below shall apply for the purposes of this section as if--
      (a)  it were contained in Part II of this Act; and
      (b)  each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act."  ")
 
     Page 22, line 42, leave out from ("Where") to ("to") in line 43 and insert ("the entitlement of such a person") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 23, line 13, after ("being") insert ("a British citizen,") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 23, line 29, at end insert--
        ("(  )  Omit subsections (1) and (2).")
 
     Page 23, line 30, at beginning insert ("In subsection (5),") 
     Page 23, line 32, leave out ("this section") and insert ("subsection (5) above") 
     Page 23, line 44, leave out ("any such special lists or records,") and insert ("the place and manner of its publication, and
            (ii)  the procedure to be followed in the preparation of any such special lists or records,")
 
     Page 24, line 9, leave out ("section 13A") and insert ("sections 13A and 13B") 
     Page 24, line 14, leave out ("or 13A(2)") and insert (", 13A(2) or 13B(3)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     Page 25, line 16, leave out ("for publication of notice of the election") and insert ("on which nomination papers nominating candidates at an election may be submitted") 
     Page 25, line 20, at end insert-- 
 ("Election Addresses: Greater London Authority Elections 
 
        19A.  After section 91 there shall be inserted--
 
 
        91A.--(1)  At an election for the Greater London Authority held under the provisions of the 1999 Act--
      (a)  each individual candidate for Mayor of London;
      (b)  each individual candidate for return as a constituency member of the Greater London Assembly,
    is entitled to send free of charge for postage either--
            (i)  one un-addressed postal communication, containing matter relating to the election only not exceeding 60 grammes in weight, to each place in the Assembly constituency (in the case of an individual candidate for return as a constituency member) or (in the case of an individual candidate for Mayor of London) each place in the Assembly constituencies, which, in accordance with the Post Office Regulations 1987 (as applied and modified by subsection (5) below) constitutes a delivery point for the purposes of this subsection; or
            (ii)  one such postal communication addressed to each elector.
        (2)  Any such candidate is also, subject as mentioned in subsection (1) above, entitled to send free of any charge for postage to each person entered in the list of proxies for the appropriate election one such communication as mentioned in subsection (1) above for each appointment in respect of which that person is so entered.
        (3)  A person shall not be deemed to be a candidate for Mayor of London or to be a candidate for return as a constituency member, unless he is shown as standing nominated in the statement of persons nominated but until publication of that statement any person who declares himself to be such a candidate shall be entitled to exercise the right of free postage conferred by this section if he gives such security as may be required by the Post Office for the payment of postage should he not be shown as standing nominated as mentioned above.
        (4)  For the purposes of this section, "elector" means a person--
      (a)  who is registered as a local government elector in an Assembly constituency for which the election is to be held in the register to be used at the election; or
      (b)  who, pending the publication of that register appears in the electors' lists for such a register (as corrected by the registration officer) to be entitled to be so registered,
    and accordingly includes a person shown in the register or electors lists as below voting age if it appears from that register or those lists that he will be of voting age on the day fixed for the poll, but not otherwise.
        (5)  The Post Office Regulations 1987 shall have effect in relation to an election for the Mayor of London and the London Assembly subject to the following modifications--
      (a)  in regulation 1, the reference to "section 91 of the Representation of the People Act 1983" shall be construed as a reference to this section;
      (b)  any reference to "constituency" shall, in relation to a candidate for return as a constituency member, be construed as a reference to an Assembly constituency, and, in relation to a candidate for return as Mayor of London, be construed as a reference to the Assembly constituencies.
        (6)  If the area of the GLRO is situated in the area of more than one Head Postmaster, the controlling Head Postmaster for the purposes of the Post Office Regulations 1987 as applied by subsection (5) above shall be determined by the GLRO.
        (7)  Any communication issued under the provisions of this section by a candidate for return as a constituency member standing as the candidate of a registered political party may refer to the candidates for return as London members submitted on that registered political party's party list.
        (8)  For the purposes of this section--
      (a)  the 1999 Act" means the Greater London Authority Act 1999;
      (b)  Greater London Authority" means the body referred to in section 1 of the 1999 Act;
      (c)  Mayor of London" means the office referred to in section 2(1)(a) of the 1999 Act;
      (d)  London Assembly" means the Assembly referred to in section 2(1)(b) of the 1999 Act;
      (e)  constituency member" means a member of the London Assembly of the type referred to in section 2(2)(a) of the 1999 Act;
      (f)  London member" means a member of the London Assembly of the type referred to in section 2(2)(b) of the 1999 Act;
      (g)  Assembly constituency" has the same meaning as in section 2 of the 1999 Act;
      (h)  GLRO" means
            (i)  in relation to the first ordinary election of the Greater London Authority, the person, or persons of the description, designated by order under section 3(4) of the 1999 Act as the returning officer at the elections of the Mayor of London and of the London members;
            (ii)  in relation to any other election, the proper officer of the Greater London Authority (as defined in section 424(2) of the 1999 Act);
      (i)  registered political party" means a party registered under the Registration of Political Parties Act 1998;
      (j)  party list" means a list submitted to the GLRO in accordance with paragraph 5 of Part II of Schedule 2 to the 1999 Act on behalf of a registered political party."")
Greater London Authority Elections; Candidate's right to send election addresses post free.
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 25, line 20, at end insert-- 
 ("Evidence of registration 
 
        After section 180 insert--
 
 Evidence by certificate of electoral registration.     180A. The certificate of a registration officer that any person is or is not, or was or was not at any particular time, duly registered in one of the officer's registers in respect of any address shall be sufficient evidence of the facts stated in it; and a document purporting to be such a certificate shall be received in evidence and presumed to be such a certificate unless the contrary is proved."  ") 
 
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