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Amendments to the Representation of the People Bill

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

Here you can browse the Marshalled List of Amendments to the Representation of the People Bill to be moved on Report in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
1     Page 2, line 23, after first ("a") insert ("qualifying") 
2     Page 2, line 38, after first ("a") insert ("qualifying") 
3     Page 3, line 20, after ("section") insert--
    (""qualifying Commonwealth citizen" means a Commonwealth citizen who either--
          (a)  is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
          (b)  is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave;")
 
  
After Clause 5
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
4     Insert the following new Clause-- 
     ("  .  After section 7A of the 1983 Act (as inserted by section 5 above) there shall be inserted--Voting rights of asylum seekers.
 Voting rights of asylum seekers.     7B.  A person who claims political asylum in the United Kingdom and is-- 
  
    (a)  not a Commonwealth citizen, shall not be entitled to register to vote, or vote, until and unless he is granted United Kingdom citizenship; or
 
  
    (b)  a Commonwealth citizen, shall not be entitled to register to vote, or vote, until and unless he is granted exceptional leave to remain or asylum.".")
 
  
Clause 6
 
  
BY THE LORD BASSAM OF BRIGHTON
 
5     Page 9, line 32, at end insert--
 
    ("(  )  Where a declaration of local connection made by a homeless person is delivered to the registration officer concerned during the period--
    (a)  beginning with the date when a vacancy occurs--
          (i)  in the seat for the parliamentary constituency within which the required address falls, or
          (ii)  in the seat for any Scottish Parliament constituency or National Assembly for Wales constituency within which it falls, and
    (b)  ending on the final nomination day (within the meaning of section 13B below) for the parliamentary by-election, or (as the case may be) the election under section 9 of the Scotland Act 1998 or section 8 of the Government of Wales Act 1998, held in respect of that vacancy,
the declaration must state that, during the period of three months ending on the date of the declaration, the declarant has commonly been spending a substantial part of his time (whether during the day or at night) at, or near, the required address.")
 
  
Clause 9
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
6     Page 11, line 13, leave out from beginning to end of line 45 on page 12 and insert--
        (""10.  Provisions requiring that the register prepared by virtue of this Act which shall be open to further inspection shall not be used without the consent of the person registered for any commercial purpose.
        11.  Provisions making it an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale to contravene regulations made in pursuance of paragraph 10 above."")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
7     Page 11, line 21, leave out (", or persons acting on behalf of such persons,") 
8     Page 11, line 26, leave out ("or on behalf of) 
9     Page 11, leave out lines 32 to 34 and insert--
      ("(a)  to supply free of charge copies of the full register and other documents, or prescribed parts of them, in document, electronic or disk format, to those persons entitled;")
 
  
Before Clause 10
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE LORD GOODHART
 
10     Insert the following new Clause-- 
 
        ("  .--(1)  The 1983 Act shall be amended as follows.
        (2)  After section 36(2B) there shall be inserted--
        (2C)  Section 91 shall apply to elections under the Greater London Authority Act 1999 with such modifications as may be prescribed by regulations made by the Secretary of State."")
Free post for Greater London Authority elections.
  
BY THE LORD GOODHART
THE LORD MACKAY OF ARDBRECKNISH
 
11*     Insert the following new Clause-- 
 ("Election Addresses--Greater London Authority Elections 
     .  After section 91 of the 1983 Act there shall be inserted--Election addresses: Greater London Authority elections.
 Election addresses: Greater London Authority elections     91A.--(1)  At an election for the Greater London Authority held under the provisions of the 1999 Act-- 
  
    (a)  the nominating officer of each registered political party that has a candidate or candidates for Mayor of London or for the London Assembly;
 
  
    (b)  each candidate for Mayor of London not standing as the candidate of a registered political party;
 
  
    (c)  each candidate for election as a constituency member of the London Assembly not standing as the candidate of a registered political party; and
 
  
    (d)  each candidate for election as a London member of the London Assembly not included on a registered political party's party list,
 
 is entitled, subject to the provisions of any order made under subsection (10), to send free of charge for postage either-- 
  
    (i)  one unaddressed postal communication, containing matter relating to the election only not exceeding 60 grammes in weight, to each place in the appropriate electoral areas (as defined in section 203 below) which, in accordance with the Post Office Regulations 1987 (as applied and modified by subsection (7) 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 or, as the case may be, registered political party's nominating officer 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)  Notwithstanding anything in subsection (1) above, no person falling within more than one of the categories of candidate mentioned in subsection (1)(b) to (d) above shall be entitled to invoke their entitlement to send a communication free of charge for postage in respect of more than one of the categories of candidate into which they fall.

(4)  A candidate who falls within more than one of the categories in subsections (1)(b) to (d) above may himself determine which of the appropriate categories (1)(b) to (d) above his candidacy falls under for the purposes of determining his entitlement to send a postal communication free of charge for postage, and shall notify the GLRO of his determination at the time of his nomination.

(5)  A person shall not be deemed to be a candidate for Mayor of London or to be a candidate for return as a constituency or London 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, or, if he is standing as the candidate of a registered political party, the appropriate registered political party's nominating officer, shall be entitled to exercise the right of free postage conferred by this section if the candidate or the registered political party's nominating officer 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.

 
          (6)  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.

(7)  The Post Office Regulations 1987 shall have effect in relation to an election for the Greater London Authority 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 be construed as a reference to the appropriate electoral area (as defined in section 203 below) in which the candidate or candidates in question are standing for election, or in which the registered political party in question has candidates standing for election;
 
  
    (c)  a reference to "candidate" shall be construed as including a reference to a registered political party's nominating officer.
 
          (8)  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 (7) above shall be determined by the GLRO. 
 (9)  Any communication issued under the provisions of this section by a registered political party's nominating officer may in particular refer to-- 
  
    (a)  the candidate for return as Mayor of London standing as the candidate of that registered political party;
 
  
    (b)  the candidate or candidates for return as constituency members of the London Assembly standing as the candidate or candidates of that registered political party; and
 
  
    (c)  the candidate or candidates for return as London members of the London Assembly submitted on that registered political party's party list,
 
 and the registered political party's nominating officer may vary the content of the communication for each Assembly constituency. 
          (10)  The Secretary of State may by order provide for the communications sent free of charge for postage under this section to be delivered together, or in a single envelope or packet, in respect of each elector, and may in particular provide for them to be delivered with the electors' polling cards; but such an order may not provide that the communications be combined in a single document. 
 (11)  For the purposes of this section-- 
  
    the 1999 Act" means the Greater London Authority Act 1999;
 
  
    Greater London Authority" means the body referred to in section 1 of the 1999 Act;
 
  
    Mayor of London" means the office referred to in section 2(1)(a) of the 1999 Act;
 
  
    London Assembly" means the Assembly referred to in section 2(1)(b) of the 1999 Act;
 
  
    constituency member" means a member of the London Assembly of the type referred to in section 2(2)(a) of the 1999 Act;
 
  
    London member" means a member of the London Assembly of the type referred to in section 2(2)(b) of the 1999 Act;
 
  
    Assembly constituency" has the same meaning as in section 2 of the 1999 Act;
 
  
    GLRO" means--
 
 
    (a)  in relation to the first ordinary election of the Greater London Authority, the person, or a person 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,

    (b)  in relation to any other election, the proper officer of the Greater London Authority (as defined in section 424(2) of the 1999 Act);

 
  
    registered political party" means a party registered under the Registration of Political Parties Act 1998;
 
  
    registered political party's nominating officer" means the person registered as a registered political party's nominating officer under the Registration of Political Parties Act 1998;
 
  
    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."")
 
  
Clause 10
 
  
BY THE LORD McNALLY
THE LORD GOODHART
THE LORD RENNARD
 
12     Page 13, line 12, at end insert--
 
    ("(  )  In exercising his powers under subsection (1) the Secretary of State shall give particular encouragement to pilot schemes which explore the use of the internet and other new technologies in the electoral process.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
13     Page 13, line 18, leave out (", where and how") and insert ("and where") 
  
BY THE LORD JOPLING
THE LORD MACKAY OF ARDBRECKNISH
 
14     Page 13, line 33, after ("shall") insert (", in conjunction with an independent body,") 
15     Page 14, line 2, after ("concerned") insert (", in conjunction with an independent body,") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
16     Page 14, line 7, leave out paragraph (c) 
  
Clause 11
 
  
BY THE LORD GOODHART
THE LORD MACKAY OF ARDBRECKNISH
 
17     Page 14, line 32, leave out ("relevant elections of any description") and insert ("local government elections in England and Wales") 
18     Page 14, line 36, leave out subsection (2) 
19     Page 14, line 41, leave out from ("(1)") to end of line 44 
20     Page 14, line 46, leave out from first ("area") to ("specified") 
21     Page 15, line 10, leave out (", or district electoral,") 
22     Page 15, line 15, leave out subsection (7) 
23     Leave out Clause 11 
  
Clause 16
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE LORD GOODHART
 
24     Page 18, line 21, after ("sections") insert ("(Election addresses: Greater London Authority elections),") 
  
Schedule 1
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
25     Page 20, line 44, at end insert--
 
    ("(  )  Subsection (6) above does not apply to the extent that regulations so provide; and regulations may in particular authorise a registration officer to retain entries in his register for up to one year, if he thinks fit, in cases where the form in subsection (4) above has not been returned in respect of any address.")
 
26     Page 21, line 13, leave out ("in accordance with the prescribed requirements") 
  
Schedule 4
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
27     Page 40, line 32, at end insert--
 
    ("(12)  When a nominated proxy is approved by an electoral registration officer to hold a permanent or particular proxy vote for an elector, the electoral registration officer shall within three working days of the application write to the elector to confirm the name and address of the appointed proxy, and the duration of the appointed proxy, unless--
    (a)  the elector is registered as an overseas elector, or
    (b)  the appointed proxy is registered at the same address.")
 
  
Schedule 5
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
28     Page 43, line 46, at end insert--
 
    ("(  )  Omit rule 20.")
 
 
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Prepared 28 February 2000