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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 Third Reading in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 9
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
1     Leave out Clause 9 
  
Before Clause 10
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
2     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.
3     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 BASSAM OF BRIGHTON
 
4     Page 13, line 27, at end insert ("either--
            (i)  without modification, or
            (ii)  with such modifications as, after consulting the authority, he considers appropriate,")
 
5     Page 13, line 37, leave out second ("and") 
6     Page 13, line 38, at end insert--
      ("(c)  the sending by candidates of election communications free of charge for postage.")
 
7     Page 13, line 39, leave out ("and such a scheme may, in particular,") and insert ("(  ) Without prejudice to the generality of the preceding provisions of this section, a scheme under this section may") 
8     Page 13, line 41, at end insert--
      ("(b)  for postal charges incurred in respect of the sending of candidates' election communications as mentioned in subsection (2)(c) to be paid by the authority concerned;
    and where a scheme makes such provision as is mentioned in paragraph (b), the Secretary of State's order under subsection (1) may make provision for disapplying section 75(1) of the 1983 Act (restriction on third party election expenditure) in relation to the payment of such charges by the authority.")
 
  
BY THE BARONESS FOOKES
 
9     Page 13, line 41, at end insert--
        ("(  )  A scheme under this section may include the provision for the Presiding Officer at his discretion to ask for documentary proof of identification by one of the following--
      (a)  a polling card;
      (b)  a valid United Kingdom driving licence;
      (c)  a relevant social security benefit book;
      (d)  a National Health Service medical card;
      (e)  a certificate of verification as issued by the electoral registration officer,
    or other such documentary evidence as may in the reasonable opinion of the Presiding Officer concerned constitute such evidence of the matters provided for within this subsection.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
10     Page 14, line 19, at end insert--
    ("or in encouraging voting at the elections in question or enabling voters to make informed decisions at those elections.")
 
  
Clause 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
11     Page 15, line 7, leave out ("relevant elections of any description") and insert ("local government elections in England and Wales (or any particular description of such elections)") 
12     Page 15, line 10, leave out ("enactment)") and insert ("provision of an Act, including this Act)") 
13     Page 15, line 11, leave out subsections (2) and (3) and insert--
        ("(2)  An order under subsection (1)--
      (a)  may except from the operation of any of its provisions any local government area specified in the order; but
      (b)  subject to that, must make the same provision--
            (i)  in relation to local government elections, or
            (ii)  if it applies only to a particular description of such elections, in relation to elections of that description,
        throughout England and Wales.")
 
14     Page 15, line 31, leave out (", or district electoral,") 
15     Page 15, line 32, leave out ("(3)") and insert ("(2)") 
16     Page 15, line 35, at end insert--
        ("(  )  Rules made under section 36 of the 1983 Act (local elections in England and Wales) may make such provision as the Secretary of State considers appropriate in connection with any provision made by an order under subsection (1).
        (  )  Nothing in this section shall be taken as prejudicing the generality of any power contained in any other Act to make subordinate legislation (within the meaning of the Interpretation Act 1978) with respect to elections of any description.")
 
17     Page 15, line 36, leave out subsection (7) 
  
After Clause 11
 
  
BY THE BARONESS FOOKES
 
18     Insert the following new Clause-- 
 ("Identification at polling stations 
  
        . Prior to the issue of a ballot paper the Presiding Officer shall at his discretion require an elector, as he thinks fit, to identify himself by one of the following items of documentary evidence--
      (a)  a polling card;
      (b)  a valid United Kingdom driving licence;
      (c)  a relevant Department of Social Security benefit book;
      (d)  a National Health Service medical card;
      (e)  a certificate of verification as issued by the electoral registration officer,
    or other such documentary evidence as may in the reasonable opinion of the Presiding Officer concerned constitute such evidence of the matters provided for within this section.")
Identification at polling stations.
  
Clause 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
19     Page 17, line 4, after ("orally") insert ("or in writing") 
  
Before Clause 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
20     Insert the following new Clause-- 
 ("Miscellaneous 
  
        .--(1) The Greater London Authority Act 1999 shall be amended as follows.
        (2)  After section 17 there shall be inserted--
Free delivery of election addresses at Greater London Authority elections.
 Free delivery of election addresses.     17A.--(1) Each candidate at the first election of the Mayor shall be entitled (subject to and in accordance with the provisions of Schedule 3A to this Act) to have an election address prepared on behalf of the candidate included in a booklet of election addresses-- 
  
      (a)  prepared by the Greater London returning officer; and
      (b)  sent by that officer, by post, to each elector in Greater London.
        (2)  In subsection (1) above "elector", in relation to the election mentioned in that subsection--
      (a)  means a person who is registered in the register of local government electors for an electoral area in Greater London on the last day for publication of notice of the election; and
      (b)  includes a person then shown in any such 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)  The Secretary of State may by order make such provision as he considers appropriate for and in connection with enabling candidates--
      (a)  at ordinary elections other than the first such election, or
      (b)  at elections to fill vacancies in the office of Mayor or Assembly member,
    to have their election addresses (within the meaning of the order) delivered, at the Authority's expense, by the Post Office or by any other means specified in the order.
        (4)  Without prejudice to the generality of subsection (3) above, an order under that subsection may make provision--
      (a)  for free delivery of election addresses to be available under the order only in the case of any specified description of election falling within paragraph (a) or (b) of that subsection or within section 2(7) above;
      (b)  for enabling the Authority to determine the descriptions of elections (if any) in the case of which free delivery of election addresses is to be so available;
      (c)  for regulating in any respect the form and manner in which free delivery of election addresses is to be so available;
      (d)  for restricting the number of separate mailings in respect of the free delivery of election addresses, whether--
            (i)  by limiting the number of separate election addresses by reference to any specified circumstances, or
            (ii)  by requiring the preparation of a single document incorporating all the election addresses to be delivered on behalf of candidates at a particular election,
        or otherwise;
      (e)  for imposing conditions which must be satisfied by any candidate or candidates seeking to avail themselves of free delivery of election addresses under the order;
      (f)  for authorising election addresses falling to be delivered under the order to be disseminated by such means (other than those by which they are to be so delivered) as may be specified;
      (g)  for securing that civil or criminal liability in respect of material contained in any election address falling to be delivered under the order (including any such liability arising in connection with any dissemination of the material in pursuance of paragraph (f) above) is incurred only by the candidate on behalf of whom it falls to be so delivered or his election agent.
        (5)  In subsection (4) above--
      free delivery of election addresses" means the delivery of election addresses, in accordance with an order under subsection (3) above, at the Authority's expense;
      specified" means specified in an order under subsection (3) above.
        (6)  Before making an order under subsection (3) above the Secretary of State shall consult--
      (a)  the Mayor and the London Assembly; and
      (b)  such other persons and bodies as he may determine to be appropriate.
        (7)  Schedule 3A (which makes provision supplementing subsection (1) above) shall have effect."
 
 
        (3)  In section 420(3) (orders under specified provisions to be subject to affirmative parliamentary procedure), before paragraph (a) there shall be inserted--
      (za)  section 17A(3) above,".
    (4)  The provisions set out in Schedule (Free delivery of election addresses at first GLA mayoral election: New Schedule 3A to the Greater London Authority Act 1999) shall be inserted as Schedule 3A to the Act.")
 
 
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