Representation of the People Bill - continued        House of Lords
SCHEDULE 1, REGISTRATION: AMENDMENTS OF 1983 ACT - continued

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Polling districts
     11. In section 18 (polling districts and places for parliamentary elections), for subsection (8) substitute-
 
 
    "(8) Where any alteration of polling districts in an area is made under this section-
 
 
    (a) the registration officer who acts for the area shall make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration; and
 
    (b) the alteration shall be effective on the date on which the registration officer publishes a notice stating that any such adaptations have been made by him."
 
Effect of registers
     12. - (1) Section 49 (effect of registers) is amended as follows.
 
      (2) Omit subsections (1) and (2).
 
      (3) In subsection (5), for "the qualifying date", wherever occurring, substitute "the relevant date".
 
      (4) After subsection (5) insert-
 
 
    "(6) In subsection (5) above "the relevant date" means-
 
 
    (a) in relation to a person registered in the register in question as published in accordance with section 13(1) above, the 15th October immediately preceding the date of publication of the register;
 
    (b) in relation to any other person registered in the register in question, the relevant date for the purposes of section 4 above."
 
Regulations about registration
     13. In section 53(1) (regulations about registration)-
 
 
    (a) in paragraph (a), omit "the electors lists or"; and
 
    (b) for paragraph (b) substitute-
 
    "(b) with respect to-
 
      (i) the procedure to be followed in the preparation of the register and the place and manner of its publication, and
 
      (ii) the procedure to be followed in the preparation of any such special lists or records, and the time, place and manner of their publication; and".
 
Registration appeals: England and Wales
     14. - (1) Section 56 (registration appeals: England and Wales) is amended as follows.
 
      (2) In subsection (1) (decisions against which appeals lie)-
 
 
    (a) in paragraph (a), for "claim" substitute "application"; and
 
    (b) omit paragraph (d).
      (3) In subsection (4) (compliance by registration officer with decision on appeal)-
 
 
    (a) after "the registration officer shall" insert ", in accordance with sections 13A and 13B above,"; and
 
    (b) omit "electors lists or".
      (4) In subsection (4A) (effect of alterations in register), for "is made under subsection (4) above" substitute "made in pursuance of subsection (4) above takes effect under section 13(5), 13A(2) or 13B(3) above".
 
 
Registration appeals: Northern Ireland
     15. For section 58 substitute-
 
 
"Registration appeals: Northern Ireland.     58. - (1) Section 56 above, except subsection (2) and the words from the beginning to "and" in subsection (4), extends to Northern Ireland.
 
    (2) Section 21(1) of the Interpretation Act (Northern Ireland) 1954 (rules regulating procedure of courts etc.) shall have effect as if the jurisdiction conferred by section 56(1) above were conferred by an enactment within the meaning of that Act."
 
 
Service voters
     16. In section 59(2) (supplemental provisions as to members of forces and service voters)-
 
 
    (a) for "qualifying date" substitute "relevant date for the purposes of section 4 above"; and
 
    (b) for "5(2)" substitute "5(3)".
 
Offences
     17. In section 62 (offences as to declarations), for subsection (1) substitute-
 
 
    "(1) A person who-
 
 
    (a) makes a declaration of local connection or a service declaration-
 
      (i) when he is not authorised to do so by section 7B(1) or section 15(1) above, or
 
      (ii) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or
 
      (iii) when he knows that it contains a statement which is false, or
 
    (b) attests a service declaration when he knows-
 
      (i) that he is not authorised to do so, or
 
      (ii) that it contains a false statement as to any particulars required by regulations under section 16 above,
 
    shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale."
 
Election expenses
     18. - (1) Section 76 (limitation of election expenses) is amended as follows.
 
      (2) In subsection (2) (maximum amounts calculated by reference to register to be used at election as first published), omit "to be used at the election (as first published)", wherever occurring.
 
      (3) For subsection (4) substitute-
 
 
    "(4) In subsection (2) above "the register of electors" means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or local government area in question as it has effect on the last day for publication of notice of the election."
 
 
Election addresses
     19. In section 91 (candidate's right to send election address post-free), for subsection (4) substitute-
 
 
    "(4) For the purposes of this section "elector"-
 
 
    (a) means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and
 
    (b) includes a person then shown in that register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll."
 
Evidence of registration
     20. 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."
 
 
Regulations under the Act
     21. In section 201 (regulations), after subsection (2) add-
 
 
    "(3) Any regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit."
 
 
Interpretation
     22. In section 202(1) (general interpretation)-
 
 
    (a) for the definition of "dwelling house" substitute-
 
    ""dwelling" includes any part of a building where that part is occupied separately as a dwelling;"; and
 
    (b) at the appropriate place insert-
 
    ""qualifying address" shall be construed in accordance with section 9(8) above;".
 
Parliamentary elections rules
     23. - (1) Schedule 1 (parliamentary elections rules) is amended as follows.
 
      (2) In rule 7 (subscription of nomination paper), for paragraph (6) substitute-
 
 
    "(6) In this rule "elector"-
 
 
    (a) means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and
 
    (b) includes a person then shown in that register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll."
      (3) In the Appendix of Forms, in the form of nomination paper-
 
 
    (a) omit note 3, and
 
    (b) in note 5, omit "or electors lists".
 
Content of regulations as to registration
     24. - (1) Schedule 2 (provisions which may be contained in regulations as to registration) is amended as follows.
 
      (2) At the end of paragraph 1(2) (requiring of information by registration officer for purposes of registration duties) add "or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered."
 
      (3) After paragraph 1(2) insert-
 
 
    "(3) Provisions authorising a registration officer, where-
 
 
    (a) he has so required any person registered in one of his registers to give him information, or to make any declaration, for the purpose of enabling him to determine whether the person is entitled to be so registered, and
 
    (b) the person has not within the prescribed period complied with that requirement in a manner which the officer considers satisfactory (or at all),
  to remove the person's name from the register.
 
      (4) Provisions authorising a registration officer to inspect, for the purpose of his registration duties, records kept (in whatever form) by-
 
 
    (a) any local or public authority of any prescribed description, or
 
    (b) any person providing services to, or authorised to exercise any function of, any such authority,
  and to make copies of information contained in such records.
 
      (5) Provisions made under sub-paragraph (4) above shall have effect despite any statutory or other restriction on the disclosure of information."
 
      (4) In paragraph 2A (registration officer to remind overseas elector of need to make fresh declaration), for the words from "overseas" onwards substitute "declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered."
 
      (5) After paragraph 3 insert-
 
 
  " 3A. Provisions as to the form and contents of applications for registration, including provisions as to any declarations to be made in connection with them."
 
      (6) In paragraph 6 (cases where claims and objections can be determined without a hearing), for "a claim" substitute "an application".
 
      (7) In paragraph 8 (special lists of those whose addresses are not required to be shown on electors lists), for "on the electors lists" substitute "in the register".
 
 
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