Political Parties and Elections Bill

Amendments 125D and 125E 125D: After Clause 21, insert the following new Clause— "Obligatory provision of identifying information (1) With effect from the commencement of this section, the amendments made to the 1983 Act by section 1 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13) extend to the whole of the United Kingdom. (2) The 1983 Act is amended as follows. (3) In section 10 (maintenance of registers: annual canvass)— (a) for subsection (4) there is substituted— "(4) The form to be used for the purposes of a canvass shall be— (a) a form prescribed for those purposes, or (b) a form to the same effect. Paragraph (b) does not apply in Northern Ireland and, in Great Britain, does not apply if or to the extent that regulations so provide."; (b) in subsection (4A), for "a canvass in Northern Ireland" there is substituted "a canvass"; (c) in subsection (4A)(c), at the beginning of sub-paragraph (ii) there is inserted "in the case of a canvass in Northern Ireland,"; (d) in subsection (4B), for "The Chief Electoral Officer for Northern Ireland" there is substituted "A registration officer"; (e) after that subsection there is inserted— "(4C) In relation to each person without a national insurance number to whom the form mentioned in subsection (4) above relates, regulations may require the form to be accompanied by such other evidence to identify the person as may be prescribed. (4D) A registration officer shall keep a record showing the information obtained under subsection (4A) above." (4) In section 10ZB (the relevant registration objectives)— (a) in the heading, the words "(Northern Ireland)" are omitted; (b) in subsection (3), for "the Chief Electoral Officer for Northern Ireland" there is substituted "a registration officer"; (c) in subsections (4) and (5)(a), for "the Chief Electoral Officer" there is substituted "the registration officer concerned". (5) In section 10A (maintenance of registers: registration of electors)— (a) in subsection (1A), the words "in respect of an address in Northern Ireland" are omitted; (b) in subsection (1A)(c), at the beginning of sub-paragraph (ii) there is inserted "in the case of an application for registration in respect of an address in Northern Ireland,"; (c) in subsection (1B), for "The Chief Electoral Officer for Northern Ireland" there is substituted "A registration officer"; (d) after that subsection there is inserted— "(1C) In relation to each person without a national insurance number to whom an application for registration relates, regulations may require the application to be accompanied by such other evidence to identify the person as may be prescribed. (1D) A registration officer shall keep a record showing the information obtained under subsection (1A) above."; (e) in subsection (2)(a), for the words from "the form" to "in a register" there is substituted "a completed form specifies any person as a person who is entitled to be registered in a register in respect of a particular address"; (f) in subsection (5)(a), for sub-paragraph (i) there is substituted— "(i) no canvass form was returned showing the elector as resident at that address on that date, or"; (g) in subsection (5A), for the words in paragraph (a) from the beginning to "does not include" there is substituted "a canvass form has been returned showing the elector as resident at that address but the form does not include"; (h) in subsection (7), for the words after "in cases where" there is substituted "no canvass form has been returned in respect of the person in question"; (i) in subsection (9), before the definition of "determines" there is inserted— ""canvass form" means the form mentioned in section 10(4) above;". (6) In section 13A (alteration of registers)— (a) in subsection (2A), the words "in respect of an address in Northern Ireland" are omitted; (b) in subsection (2A)(c), at the beginning of sub-paragraph (ii) there is inserted "in the case of an application for registration in respect of an address in Northern Ireland,"; (c) in subsection (2B), for "The Chief Electoral Officer for Northern Ireland" there is substituted "A registration officer". (d) after that subsection there is inserted— "(2C) In relation to each person without a national insurance number to whom an application for registration under subsection (1)(a) above relates, regulations may require the application to be accompanied by such other evidence to identify the person as may be prescribed. (2D) A registration officer shall keep a record showing the information obtained under subsection (2A) above." (7) In section 13BB (election falling within canvass period) (inserted by section 16 above), in subsection (1)(a)— (a) for "the form returned in respect of an address ("the relevant address")" there is substituted "a form"; (b) for "an application for registration is treated as having been made in respect of that address" there is substituted "an application for registration in respect of a particular address ("the relevant address") is treated as having been made". (8) In section 13D (provision of false information), in subsection (2), for "the Chief Electoral Officer for Northern Ireland" there is substituted "a registration officer". (9) In section 201 (regulations), after subsection (2A) there is inserted— "(2B) In the case of regulations under section 10(4C), 10A(1C) or 13A(2C), in carrying out the consultation required by section 7 of the Political Parties, Elections and Referendums Act 2000 the Secretary of State shall seek the views of the Electoral Commission as to whether the provision to be made by the regulations would help or hinder the achievement of the registration objectives (within the meaning given by section 10ZB)." (10) In Schedule 2 (provisions which may be contained in regulations as to registration etc), in paragraph 1— (a) after sub-paragraph (4) there is inserted— "(4ZA) Provisions for the disclosure (otherwise than by virtue of sub-paragraph (4) above) by the authority responsible for national insurance numbers (the "relevant authority") to a registration officer or a CORE keeper (within the meaning of Part 1 of the Electoral Administration Act 2006), following a request by that person, of— (a) the national insurance number recorded in respect of an individual specified or described in the request, or the fact that the individual is not recorded as having a national insurance number, and (b) in the case of such an individual recorded as having a national insurance number, any further information about the individual that is recorded by the relevant authority, for the purpose of checking the accuracy of any information that appears in a register or other record kept by a registration officer. (4ZB) Provisions authorising the relevant authority to charge fees to a person making a request of the kind mentioned in sub-paragraph (4ZA) to cover the authority’s reasonable expenses in complying with such requests."; (b) in sub-paragraph (5), for "sub-paragraph (4) or (4A)" there is substituted "sub-paragraph (4), (4ZA) or (4A)"; (c) in sub-paragraph (6), for "sub-paragraph (4A)" there is substituted "sub-paragraph (4ZA) or (4A)"; (d) in paragraph 1(8), for "the Chief Electoral Officer for Northern Ireland" there is substituted "a registration officer"." 125E: After Clause 21, insert the following new Clause— "Provision supplementing section (Obligatory provision of identifying information) (1) Where on the commencement of section (Obligatory provision of identifying information) a person is registered in a register maintained by a registration officer, the person’s name is not to be removed from the register by virtue of section 10A(5A) of that Act (canvass form not including required information, etc) until the conclusion of the third canvass to be concluded after the commencement of that section. (2) An order bringing section (Obligatory provision of identifying information) into force may— (a) repeal any provision of sections (Voluntary provision of identifying information), (Regulations amending or supplementing section (Voluntary provision of identifying information)) and (Report by Electoral Commission on provision of identifying information); (b) make amendments to any enactment that are consequential on the coming into force of section (Obligatory provision of identifying information). (3) The Secretary of State may (either before, at the same time as or after section (Obligatory provision of identifying information) is brought into force) by regulations— (a) amend section 10(4A) or (4B), section 10A(1A) or (1B) or section 13A(2A) or (2B) of the 1983 Act; (b) make any other amendments to the 1983 Act that appear to the Secretary of State to be necessary or desirable in consequence of an amendment made by virtue of paragraph (a). (4) Regulations under subsection (3)— (a) may make different provision for different purposes or different areas; (b) may make transitional or saving provision. (5) The power to make regulations under subsection (3) is exercisable by statutory instrument. (6) Before making regulations under subsection (3) the Secretary of State must— (a) consult the Electoral Commission, and (b) in the case of regulations containing provision amending section 10(4A) or (4B), section 10A(1A) or (1B) or section 13A(2A) or (2B) of the 1983 Act, seek the Commission’s views as to whether the provision would help or hinder the achievement of the registration objectives. In paragraph (b) "registration objectives" has the same meaning as in section (Regulations amending or supplementing section (Voluntary provision of identifying information)). (7) An order containing provision made by virtue of paragraph (b) of subsection (2), or regulations under subsection (3), may not be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament." Amendments 125D and 125E agreed. Clauses 22 and 23 agreed. Amendment 126 not moved.