Moved by
Lord True
123: Schedule 6, page 116, line 30, leave out from “to” to end of line 40 and insert “a relevant provision.
(1A) For the purposes of paragraph (1)(b), “relevant provision” means—
(a) where the person is or will be registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and
(b) where the person is or will be registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.”
Member’s explanatory statement
This amendment clarifies the requirement relating to preparation of date of birth lists for polling stations in Northern Ireland, so far as that requirement relates to date of birth lists for proxy voters.
124: Schedule 6, page 120, line 21, after “Britain” insert “and does not also fall within sub-paragraph (a)”
Member’s explanatory statement
This amendment is consequential on the amendment in Lord True’s name at page 116, line 30.
125: Schedule 6, page 126, leave out lines 23 to 26
Member’s explanatory statement
This amendment leaves out paragraph (c) from inserted paragraph 27(3A) of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962.
126: Schedule 6, page 126, leave out lines 27 to 30 and insert—
“(d) obtains or attempts to obtain information, in the circumstances mentioned in sub-paragraph (3AA), as to the candidate for whom a person voting by post at a local election (“V”) is about to vote or has voted; or
(e) communicates at any time to any other person information obtained in contravention of paragraph (d).
(3AA) The circumstances referred to in sub-paragraph (3A)(d) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election.”
Member’s explanatory statement
This amendment inserts, in substitution for paragraph (d) of inserted paragraph 27(3A) of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962, provision clarifying the scope of the prohibition on obtaining or communicating information about the candidate for whom a postal voter has voted in a local election in Northern Ireland.
127: Schedule 6, page 126, line 35, leave out “any of paragraphs (a), (c) or (d)” and insert “paragraph (a) or (d)”
Member’s explanatory statement
This amendment updates cross-references in consequence of the amendment in Lord True’s name at page 126, lines 23 to 26.
128: Schedule 6, page 126, line 40, leave out “any of paragraphs (a), (c) or (d)” and insert “paragraph (a) or (d)”
Member’s explanatory statement
This amendment updates cross-references in consequence of the amendment in Lord True’s name at page 126, lines 23 to 26.
129: Schedule 6, page 126, line 41, at end insert—
“(3BA) Sub-paragraph (3A)(d) and (e) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—
(a) a published statement relating to the way in which voters intend to vote or have voted at the election, or
(b) a published forecast as to the result of that election which is based on information given by voters.
(3BB) In sub-paragraph (3BA)—
(a) “forecast” includes estimate;
(b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;
(c) the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.”
Member’s explanatory statement
This amendment ensures that no criminal liability arises where information is sought from, or given by, a postal voter at a local election in Northern Ireland for the purposes of an opinion poll or exit poll.
130: Schedule 6, page 131, line 11, at end insert—
“34A_ In the table, for the entry relating to section 115 of RPA 1983 substitute—
“Section 114A (undue influence)””
Member’s explanatory statement
This amendment ensures that the undue influence provision inserted by clause 8 (which will have effect for the purposes of parliamentary elections) is applied in relation to elections to the Northern Ireland Assembly.
131: Schedule 6, page 131, line 13, leave out “(1)(b)(ii)” and insert “(1A)(b)”
Member’s explanatory statement
This amendment is consequential on the amendment in Lord True’s name at page 116, line 30.
132: Schedule 6, page 131, line 31, after “Britain” insert “and does not also fall within sub-paragraph (a)”
Member’s explanatory statement
This amendment is consequential on the amendment in Lord True’s name at page 116, line 30.
133: Schedule 6, page 131, line 36, after “1985” insert “or section 8(7) of the Representation of the People Act 1985”
Member’s explanatory statement
This amendment takes account of the possibility of a person being appointed as a proxy for an elector, at a particular election to the Northern Ireland Assembly, under section 8(7) of the Representation of the People Act (as applied to Assembly elections).