Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Co-ordinated on-line record of electors
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Registration of electors
After section 9 of the 1983 Act (registers of electors) insert—
Subsection (6) of section 9 of that Act is omitted.
After section 9A of the 1983 Act (inserted by section 9(1) above) insert—
Part 1 of Schedule 1 (which makes further provision in connection with anonymous registration) has effect.
Section 13B of the 1983 Act (alteration of registers: pending elections) is amended in accordance with subsections (2) to (4).
For subsection (1) substitute—
For subsection (2) substitute—
After subsection (3) insert—
In section 56 of the 1983 Act (registration appeals), in subsection (4A) for the words from “13B(3) above” to “returning officer” substitute “ 13B(3) or (3B) above on or before the date of the poll ”.
Part 2 of Schedule 1 (which contains further amendments of the 1983 Act relating to the alteration of registers) has effect.
In section 7 of the 1983 Act (residence: patients in mental hospitals who are not detained offenders or on remand), after subsection (3)(a) insert—.
In section 7A of that Act (residence: persons remanded in custody etc.), after subsection (3)(a) insert—.
In section 7C of that Act (effect of declaration of local connection), after subsection (2)(a) insert—.
In section 10A of that Act (maintenance of registers: registration of electors) after subsection (3) insert—
In that section, in subsection (5)—
omit the word “duly”;
for paragraph (b) substitute—
In that section, after subsection (5A) insert—
In section 15 of that Act (service declaration), after subsection (2)(a) insert—.
In section 56 of that Act (registration appeals), after subsection (1)(a) insert—.
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In section 15 of the 1983 Act (service declaration), after subsection (8) insert—
In section 59 of that Act (supplemental provisions as to members of forces and service voters), for subsection (3) substitute—
In section 59(4) of that Act, for “subsection (3)” substitute “ subsections (3) and (3A) ”.
Anti-fraud measures
In paragraph 3 of Schedule 4 to the Representation of the People Act 2000 (c. 2) (application for absent vote for definite or indefinite period)—
in sub-paragraph (1)(b), after “application” insert “ contains the applicant's signature and date of birth and ”;
in sub-paragraph (2)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;
after sub-paragraph (7) insert—
In paragraph 4 of that Schedule (application for absent vote at particular election)—
in sub-paragraph (1)(b), after “application” insert “ contains the applicant's signature and date of birth and ”;
in sub-paragraph (2)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;
after sub-paragraph (4) insert—
In paragraph 7 of that Schedule (application for proxy postal vote)—
in sub-paragraph (5)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;
after sub-paragraph (10) (as inserted by section 38(6)(b) of this Act) insert—
After paragraph 7 of that Schedule insert—
The Secretary of State may by regulations make provision—
enabling the registration officer to require an existing absent voter to provide the registration officer with a signature and date of birth;
as to the consequences of an existing absent voter refusing or failing in such circumstances as are prescribed to provide a signature and date of birth.
An existing absent voter is a person whose application under any of the following provisions of that Schedule has been granted before this section comes into force—paragraph 3(1) or (2); paragraph 4(1) or (2); paragraph 7(4).
The regulations—
may make different provision for different purposes;
must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Nothing in this section or the amendments made by it has effect in relation to anything which is done only for the purposes of a local government election in Scotland.
Section 13D of the 1983 Act (provision of false information) is amended in accordance with subsections (2) to (8).
For subsection (1) substitute—
After subsection (1) (as substituted by subsection (2) above) insert—
In subsection (3) after “subsection (1)” insert “ or (1A) ”.
In subsection (4) after “subsection (1)” insert “ or (1A) ”.
In subsection (6)(a) for “six months” substitute “ 51 weeks ”.
After subsection (6) insert—
With effect from the commencement of this section, section 13D of the 1983 Act extends to the whole of the United Kingdom.
Review of polling places
For section 18 of the 1983 Act (polling districts and places at parliamentary elections) substitute—
Before Schedule 1 to that Act (parliamentary elections rules) insert—
Standing for election
A person is disqualified for membership of the House of Commons if, on the day on which he is nominated as a candidate, he has not attained the age of 18.
Subject to an order made by the House of Commons under section 6(2) of the House of Commons Disqualification Act 1975 (c. 24) as applied by subsection (3), if a person disqualified by subsection (1) for membership of that House is elected as a member of that House his election is void.
Sections 6(2) to (4) and 7 of that Act apply in the case of a person disqualified by subsection (1) as they apply in the case of a person disqualified by that Act, and references in those sections to a person disqualified by that Act must be construed as including references to a person disqualified by subsection (1).
In section 79(1) of the Local Government Act 1972 (c. 70) (qualifications for election and holding office as a member of a local authority) for “twenty-one” substitute “ eighteen ”.
In section 20(3) of the Greater London Authority Act 1999 (c. 29) (minimum age for election as Mayor or Assembly member) for “21” substitute “ 18 ”.
In section 3(1) of the Local Government Act (Northern Ireland) 1972 (C. 9) (qualifications for election and holding office as a councillor) for “twenty-one” substitute “ eighteen ”.
The following enactments (which disqualify a person who has not attained the age of 21 for election as a Member of Parliament), so far as not previously repealed, cease to have effect—
section 7 of the Parliamentary Elections Act 1695 (c. 25);
the Election Act 1707 (cap. 8);
section 74 of the Parliamentary Elections (Ireland) Act 1823 (c. 55).
In section 6 of the Union with Scotland Act 1706 (c. 11) the words “It is always hereby expressly provided and declared that none shall be capable to elect or be elected for any of the said estates but such as are twenty one years complete” do not apply for the purpose of fixing the minimum age at which a person may be elected as a member of the House of Commons.
In section 3 of the Act of Settlement (1700 c. 2), the words from “That after the said limitation shall take effect” to “in trust for him.” (which impose certain disqualifications) do not apply (so far as they relate to membership of the House of Commons) to a person who is—
a qualifying Commonwealth citizen, or
a citizen of the Republic of Ireland.
For the purposes of subsection (1), a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
is not a person who requires leave under the Immigration Act 1971 (c. 77) to enter or remain in the United Kingdom, or
is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
But a person is not a qualifying Commonwealth citizen by virtue of subsection (2)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).
Subject to an order made by the House of Commons under section 6(2) of the House of Commons Disqualification Act 1975 (c. 24) as applied by subsection (5)—
if a person disqualified for membership of that House by virtue of section 3 of the Act of Settlement (1700 c. 2) as modified by this section is elected as a member of that House his election is void;
if a person being a member of that House becomes so disqualified for membership his seat is vacated.
Sections 6(2) to (4) and 7 of the House of Commons Disqualification Act 1975 apply in the case of a person disqualified as mentioned in subsection (4) as they apply in the case of a person disqualified by that Act, and references in those sections to a person disqualified by that Act must be construed as including references to a person disqualified as mentioned in subsection (4).
Part 3 of Schedule 1 (which contains further amendments relating to standing for election) has effect.
In Schedule 7 to the British Nationality Act 1981 (c. 61), the entry relating to the Act of Settlement is omitted.
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
In rule 1 (timetable), in the entry in the second column in respect of “Publication of statement of persons nominated”, for the words from “at the close of” to the end substitute
In rule 5 (notice of election), after paragraph (1) insert—
In rule 6 (nomination of candidates), in paragraph (3)(a)—
the words “(of not more than 6 words in length)” are omitted;
after “rule 6A(1)” insert “ or (1B) ”.
In rule 9 (deposit), in paragraph (2)(c) after “manner” insert “ (including by means of a debit or credit card or the electronic transfer of funds) ”.
In rule 12 (validity of nomination papers), in paragraph (3) for the words from “as soon as practicable” to the end substitute
In that rule, in paragraph (3A) for the words from “as soon as practicable” to the end substitute
After rule 14 insert—
Conduct of elections etc.
Election timetables
Part 4 of Schedule 1 contains amendments which omit the words “Maundy Thursday” from certain enactments specifying the days which are to be disregarded for the purposes of election timetables and the computation of periods relating to elections.
Nomination
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
In rule 6 (nomination of candidates), after paragraph (2) insert—
In rule 14 (publication of statement of persons nominated), after paragraph (2) insert—
In the Appendix of forms, in the Form of nomination paper, for the first table following the words “candidate at the said election” substitute—
In the Appendix of forms, in the Note following the Form of nomination paper, after paragraph 2 insert—
In Schedule 1 to the 1983 Act (parliamentary elections rules), in rule 8(3) (candidate's consent to nomination), after paragraph (b) insert—.
Section 65A of the 1983 Act (false statements in nomination papers) is amended as follows.
In subsection (1), after paragraph (b) insert
After subsection (1) insert—
In subsection (2)(b) at the beginning insert “ except for the purposes of subsections (1)(c) and (1A)(c), ”.
Death of candidate
In Schedule 1 to the 1983 Act (parliamentary elections rules) for rule 60 (countermand or abandonment of poll on death of candidate) and the cross-heading preceding it substitute—
Election expenses
Section 75 of the 1983 Act (prohibition of expenses not authorised by election agent) is amended as follows.
In subsection (1)—
after “be incurred” insert “ after he becomes a candidate at that election ”;
omit from “but paragraph (c) or (d) of” to the end.
After subsection (1) insert—
In subsection (1ZA) for “subsection (1)(ii)” in each place where it occurs substitute “ subsection (1ZZB)(a) ”.
After subsection (7) insert—
The amendments made by this section (except subsections (2)(a) and (5)) must be taken to have had effect from 16 February 2001 (the date of coming into force of section 131 of the 2000 Act).
This section does not apply to local government elections in Scotland (within the meaning of the 1983 Act).
In section 81 of the 1983 Act (returns as to election expenses), omit subsection (3) and insert—
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The 1983 Act is amended as follows.
After section 90 (election expenses at elections where election agent not required) insert—
Omit sections 90A and 90B.
The repeal of sections 90A and 90B by subsection (3) does not extend to those sections as they apply to local government elections in Scotland (within the meaning of the 1983 Act).
After Schedule 4 (election expenses at certain local elections in England and Wales) insert—
Observation of elections etc.
In section 5 of the 2000 Act (reports on elections and referendums), after subsection (2) insert—
After section 6 of the 2000 Act (reviews of electoral and political matters), insert—
Ballot papers
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
In rule 19 (the ballot papers)—
in paragraph (2), omit sub-paragraph (d);
after paragraph (3) insert—
In the Appendix of forms, in the Directions as to printing the ballot paper, after paragraph 2A insert—
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
After rule 19 insert—
In rule 29 (equipment of polling stations), in paragraph (3), after sub-paragraph (d) insert—
In rule 43 (procedure on close of poll)—
in paragraph (1), after sub-paragraph (d) insert—;
in paragraph (1)(e) omit “the counterfoils of the used ballot papers and”;
in paragraph (2) for “counterfoils of the used ballot papers and” substitute “ completed corresponding number lists or ”.
In rule 54 (sealing up of ballot papers), for paragraph (2) substitute—
In rule 55 (delivery of documents), in paragraph (1)—
after sub-paragraph (c) insert—;
in sub-paragraph (d) omit “counterfoils and”.
In rule 56 (orders for production of documents)—
in paragraph (1)(b) for “counterfoils and” substitute “ the completed corresponding number lists or of ”9;
in paragraph (2) for “counterfoils and” substitute “ the completed corresponding number lists or of ”;
in paragraph (3) for “counterfoils and” substitute “ the completed corresponding number lists or of ”;
for paragraph (7) substitute—;
in paragraph (8) for “counterfoils and” substitute “ the completed corresponding number lists or of ”.
In rule 57 (retention and public inspection of documents), for paragraph (2) substitute—
In the Appendix of forms—
in the Form of Front of Ballot Paper omit “Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper”;
in the Form of Back of Ballot Paper omit “Note.— The number on the ballot paper is to correspond with that on the counterfoil”.
This section applies if a local authority makes a proposal that an order be made under subsection (2) applying to particular local government elections held in its area.
The Secretary of State may by order (a pilot order) make provision for the purposes of enabling ballot papers issued at such local government elections as are specified in the order to contain photographs of the candidates.
A pilot order may include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order.
The Secretary of State must not make a pilot order unless he first consults the Electoral Commission.
A pilot order may make provision implementing the local authority's proposal—
without modification, or
with such modifications as the Secretary of State and the local authority agree between them.
If the Secretary of State makes a pilot order—
he must send a copy of it to the local authority and to the Electoral Commission, and
the local authority must publish the order in their area in such manner as they think fit.
A pilot order may be amended or revoked by a further order.
The Secretary of State may reimburse a returning officer for any expenditure necessarily incurred by him in consequence of the making of a pilot order.
A local authority is—
in England, a county council, a district council, a London borough council or the Greater London Authority;
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In this section—
“local government election” must be construed in accordance with section 203(1) of the 1983 Act;
a reference to the area of a local authority must be construed in accordance with the definition of “local government area” in that subsection.
After any elections specified in a pilot order have taken place, the Electoral Commission must prepare a report on the operation of the order.
The report must contain, in particular—
a description of the way in which the provision made by the order differed from the provisions which would otherwise have applied to the election or elections;
a copy of the order;
an assessment of the success or otherwise of the order in assisting voters to make informed decisions at the election or elections in question;
an assessment of the success or otherwise of the order in encouraging voting at the election or elections in question;
an assessment of whether the procedures provided for in the order operated satisfactorily.
An assessment under subsection (2)(c) must include a statement of whether, in the opinion of the Commission, the inclusion of photographs on the ballot paper—
assisted voters in marking their papers with a vote for a candidate (or with votes for candidates) for whom they had decided to vote on grounds other than the candidates' appearance;
resulted in voters being influenced (or more influenced) by the appearance of candidates in deciding for whom to vote.
An assessment under subsection (2)(d) must include a statement of whether, in the opinion of the Commission, the turnout of voters was higher than it would have been if the order had not applied.
An assessment under subsection (2)(e) must include a statement of—
whether the candidates and their agents found the procedures provided for in the order easy to use;
whether the returning officer found those procedures easy to administer;
whether those procedures had any effect on the incidence of malpractice (whether or not amounting to an offence) in connection with elections;
the amount of any increase attributable to those procedures in the resources applied by the authority concerned to the election or elections.
In making an assessment under subsection (2)(c), (d) or (e), the Commission must also apply such other criteria as are specified in the order in relation to that assessment.
The local authority must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report.
The assistance may include—
making arrangements for ascertaining the views of electors about the operation of the provisions of the order;
reporting to the Commission allegations of electoral offences or other malpractice.
The Commission must, before the end of the period of three months beginning with the date of the declaration of the result of the election or elections in question, send a copy of the report—
to the Secretary of State, and
to the local authority.
The local authority must publish the report in their area in such manner as they think fit.
In this section “pilot order” and “the local authority” must be construed in accordance with section 32.
parliamentary elections;
local government elections in England ...;
any description of election falling within paragraph (a) or (b).
The Secretary of State may by order make provision for the purposes of enabling ballot papers issued at such elections (mentioned in subsection (1)) as are specified in the order to contain photographs of the candidates.
The Secretary of State must not make an order under subsection (2) unless he first consults the Electoral Commission.
An order under subsection (2) may—
include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order;
create or extend the application of an offence.
An order under subsection (2) must not create an offence punishable—
on conviction on indictment, with imprisonment for a term exceeding one year;
on summary conviction, with imprisonment for a term exceeding 51 weeks or with a fine exceeding the statutory maximum.
The power to make an order under subsection (2) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
The reference to local government elections must be construed in accordance with section 32.
If an order under subsection (2) is made before the date of commencement of section 281(5) of the Criminal Justice Act 2003, then in relation to any offence committed before that date the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.
In its application to Scotland and Northern Ireland, the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.
Voting in person
Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting in Great Britain) is amended as follows.
After paragraph 2(5) insert—
In paragraph 2(6), omit paragraph (a) and the “or” following it.
This section does not apply to local government elections in Scotland (within the meaning of the 1983 Act).
Certain electoral documents
In the 1983 Act, in Part 5, before section 200 (public notices and declarations) insert—
In Schedule 1 to the 1983 Act, for rule 24 (postal ballot papers) substitute—
Circumstances in which votes may be tendered
In Schedule 1 to the 1983 Act, in rule 40 (tendered ballot papers), after paragraph (1) insert—
After paragraph (1ZC) of that rule (inserted by subsection (1) above) insert—
In section 61 of that Act (certain voting offences), after subsection (6) insert—
In section 5 of the Representation of the People Act 1985 (c. 50) (absent voting in Northern Ireland) after subsection (5A) insert—
In section 9 of that Act (voting as proxy in Northern Ireland) after subsection (11) insert—
In Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting in Great Britain)—
in paragraph 2 (manner of voting at parliamentary or local government elections) after sub-paragraph (6) insert—;
in paragraph 7 (voting as proxy) after sub-paragraph (9) insert—
Offences related to voting
In section 115 of the 1983 Act (offence of undue influence), in subsection (2)(b)—
after “prevents” insert “ , or intends to impede or prevent, ”;
after “prevails upon” insert “ , or intends so to compel, induce or prevail upon, ”.
This section does not have effect in relation to a local government election in Scotland.
After section 62 of the 1983 Act (offences as to declarations) insert—
Access to election documents
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended in accordance with subsections (2) to (7).
In the heading to rule 55 (delivery of documents after poll) for “Clerk of the Crown” substitute “ registration officer ”.47
In that rule—
in paragraph (1) for “Clerk of the Crown” substitute “ relevant registration officer ”;
after paragraph (1) insert—;
omit paragraphs (2) to (4).
In rule 56 (orders for production of documents)—
in each of paragraphs (1), (6) and (8) for “Clerk of the Crown” substitute “ relevant registration officer ”;
in paragraph (2) for “Clerk of the Crown's” substitute “ relevant registration officer's ”;
In rule 57 (retention and public inspection of documents)—
in paragraph (1) for “Clerk of the Crown” substitute “ relevant registration officer ”;
for paragraph (3) substitute—;
after paragraph (3) insert—
For rule 58 (documents in Scotland) substitute—
For rule 59 (documents in Northern Ireland) substitute—
In section 63 of that Act (breach of official duty), in subsection (3)(c) after “responsible after a” insert “ parliamentary or ”.
After section 66A of that Act (prohibition on publication of exit polls) insert—
The relevant officer must—
make relevant election documents available for inspection by members of the public;
supply, on request, copies of or extracts from such description of relevant election documents as is prescribed by regulations.
In the case of an election other than a parliamentary election, a local government election in Scotland or a local election in Northern Ireland, each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—
a registered party;
a person who was a candidate at the election in relation to the electoral area for which he was a candidate;
in the case of an election at which a registered party submits a list of candidates, a person who was appointed as an agent for the candidates on the party's list.
The Secretary of State may by regulations impose conditions in relation to—
the inspection of any document in pursuance of subsection (1)(a);
the supply of any document or part of a document in pursuance of subsection (1)(b);
the supply of any document or part of a document in pursuance of subsection (2).
Regulations may also make provision—
as to the form in which any such document or part is supplied;
for the payment of a fee in respect of the supply of a document or part.
Conditions which may be imposed for the purposes of subsection (3)(a) or (b) include conditions as to—
whether a person may take any copy of a document he is permitted to inspect;
the manner in which any such copy is to be taken;
the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of subsection (1) may be used.
Conditions which may be imposed for the purposes of subsection (3)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—
supply that document or part to any other person;
disclose to any other person any information contained in the document or part;
use any such information for a purpose other than that for which the document or part was supplied to him.
Regulations may also impose conditions corresponding to those mentioned in subsection (6) in respect of persons who have obtained a document or part of a document mentioned in subsection (2)—
which was supplied to another person in pursuance of subsection (2), or
otherwise than in accordance with regulations under this section.
The power to make regulations under this section—
is exercisable by the Secretary of State by statutory instrument;
includes power to make different provision for different purposes.
The Secretary of State must not make regulations under this section unless he first consults the Electoral Commission.
No regulations may be made under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.
A person is guilty of an offence—
if he fails to comply with any conditions imposed in pursuance of regulations under section 42, or
if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps.
P is not guilty of an offence under subsection (1) if—
he has an appropriate supervisor, and
he has complied with all the requirements imposed on him by his appropriate supervisor.
A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions.
In subsections (1)(b) and (2)—
an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;
appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions.
A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
This section applies for the purposes of section 42.
The relevant officer is—
in England and Wales, the relevant registration officer;
in Scotland, the relevant sheriff clerk;
in Northern Ireland, the Chief Electoral Officer for Northern Ireland.
The relevant registration officer is—
the registration officer of the local authority in whose area the election is held, or
if the election is held in respect of an electoral area which comprises any part of the area of more than one local authority, such registration officer as the Secretary of State by order appoints.
The relevant sheriff clerk is—
the sheriff clerk of the sheriff court district in which the election is held, or
if the election is held in respect of an electoral area which comprises any part of the area of more than one sheriff court district, the sheriff clerk of such of those districts as the Secretary of State by order appoints.
The relevant election documents are such documents relating to an election (other than a parliamentary election, a local government election in Scotland or a local election in Northern Ireland) as the relevant officer is required by or under any enactment to retain for any period except—
ballot papers;
completed corresponding number lists;
certificates as to employment on the day of the election.
A party is a registered party if it is registered for the purposes of Part 2 of the 2000 Act (registration of political parties).
An electoral area is—
in relation to a local government election, an electoral area within the meaning of section 203(1) of the 1983 Act;
in relation to an election to Senedd Cymru, a Senedd constituency within the meaning of section 2 of the Government of Wales Act 2006 (Senedd constituencies);
in relation to an election to the Scottish Parliament, a constituency or a region within the meaning of Schedule 1 to the Scotland Act 1998 (c. 46) (constituencies, regions and regional members);
in relation to an election to the Northern Ireland Assembly, a constituency for the purposes of section 33 of the Northern Ireland Act 1998 (c. 47) (constituencies and numbers of members);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The marked register is the copy of the register of electors marked in accordance with provision corresponding to rule 37(1)(c) of the parliamentary elections rules.
A marked copy of the list of proxies is the copy of that list marked in accordance with provision corresponding to rule 37(1)(e) of the parliamentary elections rules.
A marked copy of the postal voters list or the proxy postal voters list is the copy of that list marked in accordance with provision corresponding to rule 31A(1) of the parliamentary elections rules.
A completed corresponding number list is a list prepared under provision corresponding to rule 19A of the parliamentary elections rules which is completed in accordance with provision corresponding to rule 37(1)(b) and (d) of those rules.
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
After rule 31 (notification of requirement of secrecy) insert—
In rule 55 (delivery of documents after poll)—
in paragraph (1)(e) for “of lists of proxies” substitute “ of the postal voters list, of lists of proxies and of the proxy postal voters list ”;
after paragraph (1)(e) insert—.
Correction of procedural errors
A returning officer for an election to which this section applies may take such steps as he thinks appropriate to remedy any act or omission on his part, or on the part of a relevant person, which—
arises in connection with any function the returning officer or relevant person has in relation to the election, and
is not in accordance with the rules or any other requirements applicable to the election.
But a returning officer may not under subsection (1) re-count the votes given at an election after the result has been declared.
This section applies to—
a parliamentary election;
a local government election in England and Wales (within the meaning of the 1983 Act).
These are the relevant persons—
an electoral registration officer;
a presiding officer;
a person providing goods or services to the returning officer;
a deputy of any person mentioned in paragraph (a) to (c) or a person appointed to assist, or in the course of his employment assisting, such a person in connection with any function he has in relation to the election.
Subsections (1) to (4) must be construed as part of the Representation of the People Acts.
In section 63 of the 1983 Act (breach of official duty), after subsection (3) insert—
Miscellaneous amendments
Part 5 of Schedule 1 (which contains miscellaneous amendments of the 1983 Act relating to the conduct of elections) has effect.
Regulation of parties
Registration of parties
In section 28 of the 2000 Act (registration of parties), after subsection (4)(d) insert—.
In the 2000 Act after section 28 (registration of parties) insert—
In section 30 of that Act (changes to the register)—
in subsection (1), after paragraph (ba) insert—;
in subsection (2) for “(6)” substitute “ (6A) ”;
in subsection (4) after paragraph (a) insert;
after subsection (4) insert—;
after subsection (6) insert—
in subsection (7), after “subsection (3)” insert “ (4A), (4B), (4C), ”;
in subsection (7), after paragraph (a) insert.
In Schedule 1 to the 1983 Act (parliamentary elections rules) in rule 6A, after paragraph (1) insert—
Section 32 of the 2000 Act (confirmation of registered particulars) is amended as follows.58
In subsection (1), for the words from “at the time when” to “Part III” substitute “ within the specified period ”.
After that subsection insert—
Section 33 of the 2000 Act (party ceasing to be registered) is amended as follows.
In subsection (1) after “subsection (2)” insert “ or (2A) ”.
After subsection (2) insert—
In subsection (3) for “the party's entry from the register” substitute “ a party's entry from the register by virtue of subsection (2) or (2A) ”.
In subsection (4) for the words from “the end” to the first reference to “the register” substitute “ the relevant time ”.
After subsection (4) insert—
In subsection (5) for “under this section” substitute “ under subsection (2) ”.
In Schedule 1 to the 1983 Act, rule 6A (nomination papers: name of registered political party) is amended in accordance with subsections (2) and (3).
In paragraph (3)—
in sub-paragraph (a), for the words from “at the time” to the end substitute “ on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at the election; ”;
in sub-paragraph (b), for “at the relevant time” (in both places) substitute “ on the relevant day ”.
After paragraph (3) insert—
Section 22 of the 2000 Act (parties to be registered in order to field candidates at elections) is amended in accordance with subsections (5) and (6).
In subsection (2)—
in paragraph (a), for “on the last day for publication of notice of the election” substitute “ on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election ”;
in paragraph (b), for “on that day” substitute “ on the relevant day ”.
After that subsection insert—
Accounting requirements
Section 42 of the 2000 Act (annual statement of accounts) is amended as follows.
In subsection (4) for paragraph (a) substitute—.
After that subsection insert—
The amendments made by this section have effect in relation to any financial year of a registered party which ends after the coming into force of this section.
In section 45 of the 2000 Act (delivery of statement of accounts etc. to Commission), in subsection (1) for “3 months” substitute “ 4 months ”.
Control of donations
In section 52 of the 2000 Act (payments, services etc. not to be regarded as donations), in subsection (1) omit paragraph (a).
After section 62 of the 2000 Act (quarterly donation reports) insert—
Section 62A of the 2000 Act (as inserted by subsection (1) above) applies only if the last of the reports mentioned in subsection (1) of that section relates to a period which falls wholly or partly after the commencement of this section (but it is immaterial whether any of the other reports relate to such a period).
Section 68 of the 2000 Act (reporting of multiple small donations) is omitted.
In section 69 of the 2000 Act (register of recordable donations), in subsection (2), after paragraph (a) insert—.
Schedule 7 (control of donations to individuals and members associations) to the 2000 Act is amended as follows.
In paragraph 10, after sub-paragraph (7) insert—
In Part 5 of the Schedule, after paragraph 15 insert—
The Secretary of State must not make an order under section 77 for the purposes of this section as it applies to the holders of a relevant elective office unless he is informed by the Commission that they are satisfied that they will receive the information mentioned in paragraph 15A(2) of that Schedule (as inserted by subsection (3) above) in relation to such holders of relevant elective office.
In subsection (4) references to the holder of a relevant elective office must be construed in accordance with Schedule 7 to the 2000 Act.
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Regulation of loans etc.
After Part 4 of the 2000 Act (control of donations to registered parties and their members) insert—
In section 147 of that Act (civil penalty for failure to deliver documents etc), after subsection (1)(c) insert—.
In section 149 of that Act (inspection of Commission's registers etc), after subsection (1)(b) insert—.
In section 156(4) of that Act (provision about subordinate legislation)—
after paragraph (d) insert—;
after paragraph (h) insert—.
After Schedule 6 to that Act (details to be given in donation reports) insert—
In Schedule 20 to that Act (penalties), after the entry relating to section 71E(5) (as inserted by paragraph 2 of Schedule 1 to the Northern Ireland (Miscellaneous Provisions) Act 2006) insert—
Part 6 of Schedule 1 amends the 2000 Act for the purpose of controlling loans and certain other transactions involving individuals and members associations.
The Secretary of State may by order make in relation to a relevant matter such provision as he thinks appropriate which corresponds to or is similar to any provision of Part 4A of or Schedule 7A to the 2000 Act (the relevant transaction provisions).
A relevant matter is a loan, credit facility or any form of security (whether real or personal) which benefits—
a candidate at a relevant election;
a recognised third party;
a permitted participant in a referendum.
an accredited campaigner in relation to a recall petition.
An order under this section may—
amend or repeal any enactment (whenever passed);
create an offence corresponding or similar to any offence created by the relevant transaction provisions;
confer power on the Secretary of State to make provision by order corresponding to any such power in the relevant transaction provisions;
make different provision for different purposes;
make such supplemental, incidental, consequential, transitional or savings provision as the Secretary of State thinks necessary or expedient in connection with the order.
The provision that may be made by virtue of subsection (3)(e) includes, in particular, provision amending paragraph 1 of Schedule 19A to the 2000 Act (requirement for unincorporated associations to notify Commission of political contributions over £25,000) so that, in the case of a relevant person, a “political contribution” includes a relevant matter.
In subsection (3A) “a relevant person” means—
a recognised third party,
a permitted participant in a referendum, or
an accredited campaigner in relation to a recall petition.
An order under this section which confers power to make an order by virtue of subsection (3)(c) must require the order—
to be made by statutory instrument;
not to be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.
Subsection (4) does not apply to any power to make provision determining a rate of interest.
The power to make an order under this section is exercisable by statutory instrument.
No such order may be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.
In this section—“accredited campaigner” has the same meaning as in Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule);“candidate”—in relation to a police and crime commissioner election, is to be construed in accordance with subsection (8A), and in relation to any other relevant election, has the same meaning as in Part 2 of the 1983 Act;“credit facility” must be construed in accordance with section 71F(11) of the 2000 Act;...“permitted participant” has the same meaning as in Part 7 of the 2000 Act;“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;“recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1(2) of that Act);“recognised third party” has the same meaning as in Part 6 of that Act.“relevant election” means—an election within the meaning of the 1983 Act, or a police and crime commissioner election.
For the purposes of this section, a person becomes a candidate at a police and crime commissioner election—
on the last day for publication of notice of the election if on or before that day the person is declared by himself or herself or by others to be a candidate at the election, and
otherwise, on the day on which the person is so declared by himself or herself or by others or on which the person is nominated as a candidate at the election (whichever is the earlier).
An order under this section must not make provision which is within the legislative competence of the Scottish Parliament.
Subsection (9) does not apply to provision made by virtue of subsection (3)(e).
The Secretary of State may, after consulting the Electoral Commission, by order make provision relating to regulated transactions, controlled transactions or relevant matters which corresponds to or is similar to any provision (“relevant provision”) relating to donations for political purposes which is made by, or which may be made under, the Northern Ireland (Miscellaneous Provisions) Act 2006 (“the 2006 Act”).
But if a relevant provision has effect, or would have effect, subject to a temporal limitation, a provision of an order under this section which corresponds to or is similar to the relevant provision must be subject to the same temporal limitation.
An order under this section may in particular—
amend, repeal or revoke any provision made by or under an Act of Parliament or Northern Ireland legislation (whenever passed or made);
create an offence corresponding or similar to any offence relating to donations for political purposes created by the 2006 Act;
confer power on the Secretary of State to make provision by order corresponding or similar to any such power relating to donations for political purposes conferred by the 2006 Act;
make different provision for different purposes;
make such supplemental, incidental, consequential, transitional or savings provision as the Secretary of State thinks necessary or expedient in connection with the order.
An order under this section which confers power to make an order by virtue of subsection (3)(c) must require the order—
to be made only after consulting the Electoral Commission;
to be made by statutory instrument; and
not to be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
The power to make an order under this section is exercisable by statutory instrument.
No such order may be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
In this section—“regulated transaction” has the same meaning as in Part 4A of the 2000 Act (see section 71F of that Act);“controlled transaction” has the same meaning as in Schedule 7A to that Act (see paragraphs 1 and 2 of that Schedule);“relevant matter” has the same meaning as in section 62 of this Act (see subsection (2) of that section).
For the purposes of this section, section 1(3) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (which amends section 71E of the 2000 Act) is treated as provision made by the 2006 Act.
Campaign expenditure
Schedule 9 to the 2000 Act (limits on campaign expenditure) is amended as follows.
In paragraph 5 (general elections to Scottish Parliament) after sub-paragraph (2) insert—
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In paragraph 7 (general elections to Northern Ireland Assembly) after sub-paragraph (2) insert—
In section 77 of the 2000 Act (restriction on making claims in respect of campaign expenditure)—
in subsection (1), for “21 days” substitute “ 30 days ”;
in subsection (2), for “42 days” substitute “ 60 days ”.
In section 92 of that Act (restriction on making claims in respect of certain expenditure by third parties)—
in subsection (1), for “21 days” substitute “ 30 days ”;
in subsection (2), for “42 days” substitute “ 60 days ”.
In section 115 of that Act (restriction on making claims in respect of referendum expenditure)—
in subsection (1), for “21 days” substitute “ 30 days ”;
in subsection (2), for “42 days” substitute “ 60 days ”.
Referendum and election material
In section 126 of the 2000 Act (details to appear on referendum material), after subsection (10) insert—
In section 143 of the 2000 Act (details to appear on election material), after subsection (2) insert—
Miscellaneous
Election services
After section 9 of the 2000 Act insert—
Section 29 of the 1983 Act (payments by and to returning officer) is amended as follows.
For subsections (3) to (4B) substitute—
In subsection (9), for “subsections (3) and (4)” substitute “ subsection (3) ”.
This section ceases to have effect if, before it is brought into force, paragraph 6(3) of Schedule 21 to the 2000 Act is brought into force.
Encouraging electoral participation
A local electoral officer must take such steps as he thinks appropriate to encourage the participation by electors in the electoral process in the area for which he acts.
A local electoral officer must have regard to any guidance issued by the Electoral Commission for the purposes of this section.
This section does not permit an electoral registration officer to undertake any activity in relation to a local government election in Scotland unless the activity relates to a matter falling within Section B3 (elections) of Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters).
The Secretary of State may reimburse a local electoral officer in respect of any expenditure incurred by the officer for the purposes of this section.
The amount paid under subsection (4) must not in any year exceed such amount as is determined in accordance with regulations made by the Secretary of State.
The power to make regulations under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The regulations may make different provision for different purposes.
A local electoral officer is—
an electoral registration officer;
a returning officer for an election mentioned in subsection (9).
These are the elections—
parliamentary elections;
local government elections in England and Wales and Northern Ireland;
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elections to the Scottish Parliament;
elections to the Northern Ireland Assembly;
elections to the National Assembly for Wales.
References to a local government election must be construed in accordance with the 1983 Act.
Criminal proceedings
In section 176 of the 1983 Act (time limit for prosecution of offences) after subsection (2) insert—
In Schedule 1 to that Act, in rule 57(1) (retention and public inspection of documents) for “or the High Court” substitute “ , the High Court, the Crown Court or a magistrates' court ”.
Section 24A of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant: other persons) does not permit a person other than a constable to arrest inside a polling station a person who commits or is suspected of committing an offence under section 60 of the 1983 Act (personation).
Pre-consolidation amendments
The Secretary of State may by order make such amendments of the enactments relating to the representation of the people as in his opinion facilitate or are otherwise desirable in connection with the consolidation of some or all of those enactments.
The enactments relating to the representation of the people are—
the Representation of the People Act 1983 (c. 2);
the Representation of the People Act 1985 (c. 50);
the Representation of the People Act 1989 (c. 28);
the Representation of the People Act 1993 (c. 29);
the Representation of the People Act 2000 (c. 2);
the Electoral Administration Act 2006;
the Elections (Northern Ireland) Act 1985 (c. 2);
the Electoral Fraud (Northern Ireland) Act 2002 (c. 13);
the Northern Ireland (Miscellaneous Provisions) Act 2006;
an enactment referring to any enactment falling within paragraphs (a) to (i).
An order under this section must not come into force unless an Act consolidating the enactments amended by the order (with or without other enactments relating to the representation of the people) has been passed.
An order under this section must not come into force until immediately before that Act comes into force.
Subsection (6) applies if the provisions of that Act come into force at different times.
So much of an order under this section as amends an enactment repealed and re-enacted by a provision of that Act comes into force immediately before that provision.
An order under this section must not be made unless the Secretary of State first consults the Electoral Commission.
An order under this section must be made by statutory instrument, but no such order may be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
An order under this section must not make any provision which would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.
Legal incapacity to vote
Any rule of the common law which provides that a person is subject to a legal incapacity to vote by reason of his mental state is abolished.
Accordingly, in section 202(1) of the 1983 Act (general provisions as to interpretation), in the definition of “legal incapacity” after “addition” insert “ , where applicable, ”.
And in section 10(1) of the Elected Authorities (Northern Ireland) Act 1989 (c. 3) (interpretation), in the definition of “legal incapacity” omit the words “or of any subsisting provision of the common law”.
General
Part 7 of Schedule 1 contains miscellaneous amendments.
Schedule 2 contains repeals.
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There shall be paid out of money provided by Parliament—
any expenses incurred by the Secretary of State in consequence of this Act, and
any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
There shall be paid out of the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable out of that Fund.
“The 1983 Act” means the Representation of the People Act 1983 (c. 2).
“The 2000 Act” means the Political Parties, Elections and Referendums Act 2000 (c. 41).
The following provisions come into force on the day on which this Act is passed—
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section 75;
section 76;
this section;
section 78;
section 79.
Otherwise, this Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.
Different days may be appointed for different purposes.
An order under subsection (2) may make—as the Secretary of State considers necessary or expedient in connection with the order.
any supplementary, incidental or consequential provision, and
any transitory, transitional or saving provision,
Subject to subsections (2) to (5), the extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.
The following provisions do not extend to Northern Ireland—
sections 9(2)... and 11;
section 67;
section 70;
Part 2 of Schedule 1.
Section 70 does not extend to Scotland.
A repeal of an enactment by Schedule 2 which corresponds to a repeal of that enactment by any other provision of this Act has the same extent as that other provision.
The repeal in Schedule 2 relating to paragraph 86 of Schedule 4 to the Representation of the People Act 1985 (c. 50) does not extend to Northern Ireland.
This Act may be cited as the Electoral Administration Act 2006.
Amendments
Anonymous registration
The Juries Act 1974 (c. 23)
In section 3 of the Juries Act 1974 (electoral register as basis of jury selection), after subsection (1) insert—
The 1983 Act
The 1983 Act is amended in accordance with paragraphs 3 to 16.
In section 4 (entitlement to be registered as parliamentary or local government elector), after subsection (5) insert—
Section 9 (registers of electors) is amended as follows.
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In subsection (5), for “names” substitute “ entries ”.
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Section 10A (maintenance of the registers: registration of electors) is amended as follows.
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In subsection (5) the words “the name of” are omitted.
In section 49 (effect of registers), after subsection (4) insert—
Section 62 (offences as to declarations) is amended as follows.
After subsection (1) insert—
In subsection (2) for “the reference in subsection (1) above to a legal incapacity to vote refers” substitute “ the references in subsections (1) and (1A) above to a legal incapacity to vote refer ”.
Section 91 (candidate's right to send election address post free) is amended as follows.
After subsection (2) insert—
In subsection (4)(b)—
after “in that register” insert “ (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) ”, and
after “from the register” insert “ (or from the record) ”.
In section 121 (presentation and service of parliamentary election petition), after subsection (1) insert—
In section 128 (presentation of petition questioning local election), after subsection (1) insert—
Section 202(1) (general provisions as to interpretation) is amended as follows.
Before the definition of “citizen of the Union” insert—.
In the definition of “elector”—
for “whose name is for the time being” substitute “ who has for the time being an entry ”, and
after “shown in the register” insert “ (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) ”.
Schedule 1 (parliamentary elections rules) is amended as follows.
In rule 7 (subscription of nomination paper), after paragraph (6) insert—
In rule 28 (issue of official poll cards) after paragraph (3) insert—
In rule 29 (equipment of polling stations), in paragraph (3)(c) for “names of” substitute “ entries relating to ”.
In rule 40 (tendered ballot papers) after paragraph (4) insert—
Schedule 2 (provisions which may be contained in regulations as to registration etc.) is amended as follows.
In paragraph 1(3), for “name” substitute “ entry ”.
After paragraph 2A insert—
After paragraph 3A insert—
In paragraph 5, after sub-paragraph (1A) insert—
After paragraph 8 insert—
In paragraph 10, after sub-paragraph (1) insert—
In Schedule 2A (control of donations to candidates), the existing text of paragraph 10 becomes sub-paragraph (1) of the paragraph and after sub-paragraph (1) insert—
The Representation of the People Act 1985 (c. 50)
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The Greater London Authority Act 1999 (c. 29)
Section 17A of the Greater London Authority Act 1999 (free delivery of election addresses) is amended as follows.
In subsection (2)(b)—
after “in any such register” insert “ (or, in the case of a person who has an anonymous entry in any such register, in the record of anonymous entries for that electoral area) ”, and
after “from the register” insert “ (or from the record) ”.
After subsection (2) insert—
The Representation of the People Act 2000 (c. 2)
Schedule 4 to the Representation of the People Act 2000 (absent voting) is amended in accordance with paragraphs 20 to 23.
Paragraph 3 is amended as follows.
In sub-paragraph (3), after paragraph (a) insert—.
After sub-paragraph (3) insert—
In sub-paragraph (5), after paragraph (a) insert—.
In paragraph 4, after sub-paragraph (2) insert—
In paragraph 5, after sub-paragraph (3) insert—
In paragraph 7, after sub-paragraph (8) insert—
The 2000 Act
The 2000 Act is amended as follows.
In section 65 (submission of donation reports to Commission), after subsection (2) insert—
In paragraph 2 of Schedule 6 (details to be given in donation reports) after sub-paragraph (3A) insert—
The existing text of paragraph 3 of that Schedule becomes sub-paragraph (1) and after sub-paragraph (1) insert—
In Schedule 7 (control of donations to individuals and members associations), in paragraph 10, after sub-paragraph (4) insert—
In Schedule 11 (control of donations to recognised third parties), in paragraph 10, after sub-paragraph (3) insert—
In Schedule 15 (control of donations to permitted participants), in paragraph 10, after sub-paragraph (3) insert—
Alteration of registers: pending elections
The 1983 Act is amended as follows.
In section 13A(4) (alteration of registers), after “section 13B(3)” insert “ , (3B) or (3D) ”.
Schedule 1 (parliamentary elections rules) is amended as follows.
In rule 29 (equipment of polling stations) after paragraph (5) insert—
In rule 38 (votes marked by presiding officer), after paragraph (2) insert—
In rule 39 (voting by person with disabilities), after paragraph (4) insert—
In rule 40 (tendered ballot papers), after paragraph (4A) (inserted by paragraph 14(5) above) insert—
After rule 41 (spoilt ballot papers) insert—
In rule 43 (procedure on close of poll)—
in paragraph (1)(d), after “electors” insert “ (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) ”;
in paragraph (1)(f) after “ “unable to read”,” insert “ the list maintained under rule 41A, ”.
In rule 55 (delivery of documents to Clerk of the Crown)—
in paragraph (1)(c) after “and the related statements,” insert “ the lists maintained under rule 41A, ”;
in paragraph (1)(e) after “registers” insert “ (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) ”.
Standing for election
European Parliament
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Greater London Authority
Section 20 of the Greater London Authority Act 1999 (c. 29) (qualification to be Mayor or Assembly member) is amended as follows.
In subsection (2)(a) before “Commonwealth” insert “ qualifying ”.
After subsection (7) insert—
In subsection (8), in paragraph (a) of the definition of “relevant citizen of the Union” before “Commonwealth” insert “ qualifying ”.
Local authorities in England and Wales
Section 79 of the Local Government Act 1972 (c. 70) (qualifications for election and holding office as a member of a local authority) is amended as follows.
In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.
In subsection (2A) before “Commonwealth” insert “ qualifying ”.
After subsection (2A) insert—
National Assembly for Wales
In section 13(2) of the Government of Wales Act 1998 (c. 38) (exceptions and relief from disqualification) before “Commonwealth” insert “ certain ”.
Scottish Parliament
In section 16(2) of the Scotland Act 1998 (c. 46) (exceptions and relief from disqualification) before “Commonwealth” insert “ certain ”.
Local authorities in Scotland
Section 29 of the Local Government (Scotland) Act 1973 (c. 65) (qualifications for nomination, election and holding office as a member of a local authority in Scotland) is amended as follows.
In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.
In subsection (2) before “Commonwealth” insert “ qualifying ”.
After subsection (2) insert—
Councillors in Northern Ireland
Section 3 of the Local Government Act (Northern Ireland) 1972 (C.9) (qualifications for nomination, election and holding office as a councillor in Northern Ireland) is amended as follows.
In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.
In subsection (2) before Commonwealth insert “ qualifying ”.
After subsection (3) insert—
Omission of references to Maundy Thursday
The Electoral Law Act (Northern Ireland) 1962 (C. 14)
In Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local elections rules), in rule 2 (computation of time) omit the words “Maundy Thursday”.
The 1983 Act
The 1983 Act is amended in accordance with paragraphs 50 to 52.
In section 40(1) (timing as to local elections in England and Wales), omit the words “Maundy Thursday,”.
In section 119(2) (computation of time for purposes of Part 2), omit the words “Maundy Thursday,”.
The amendment made by sub-paragraph (1) does not have effect so far as it relates to a local government election in Scotland.
In rule 2(1) of Schedule 1 (computation of time for purposes of parliamentary elections rules), in paragraph (b), omit the words “Maundy Thursday,”.
The Representation of the People Act 1985 (c. 50)
In section 19(6) of the Representation of the People Act 1985 (amendments and modifications of the Local Government Act 1972), in paragraph (b) (which modifies the rules about computation of time in section 243(4) of the 1972 Act), omit the words “Maundy Thursday,”.
The 2000 Act
In section 77(9) of the 2000 Act (computation of time for purposes of making claims in respect of campaign expenditure), in paragraph (a), omit the words “Maundy Thursday,”.
Conduct of elections
The Electoral Law Act (Northern Ireland) 1962
The Electoral Law Act (Northern Ireland) 1962 (C. 14) is amended in accordance with paragraphs 56 to 68.
Attendance at election proceedings
In Schedule 5 (local elections rules), in rule 9 (right to attend nomination)—
in paragraph (1), after paragraph (b) insert;
after paragraph (3) insert—
In rule 29 of that Schedule (admission to polling station) for paragraph (1) substitute—
In rule 44 of that Schedule (attendance at counting of votes) in paragraph (1), after sub-paragraph (e) insert—
Identifying marks and security markings on ballot papers etc.
Rule 16 of that Schedule (ballot papers) is amended as follows.
In paragraph (2)(c) after “number” insert “ and other unique identifying mark ”.
In paragraph (2)(d) after “number” insert “ and other unique identifying mark ”.
Rule 17 of that Schedule (the official mark) is amended as follows.
For paragraph (1) substitute—
For paragraph (3) substitute—
The Appendix of forms of that Schedule is amended as follows.
In the Form of Front of Ballot Paper omit “Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper”.
In the Directions as to printing the ballot paper omit paragraph 3(e).
In the Declaration of identity Front of form omit “Ballot Paper No....................”.
In the Directions for the guidance of voters in voting—
omit paragraph 1;
in paragraph 6 omit “holding the paper so that the presiding officer can see the official mark on the back of it”.
Paragraph 27 of Schedule 9 (electoral misdemeanours) is amended as follows.
In sub-paragraph (2)(a) after “number” insert “ or other unique identifying mark ”.
In sub-paragraph (3)(c) after “number” insert “ or other unique identifying mark ”.
In sub-paragraph (4)(b) and (c) after “number” insert “ or other unique identifying mark ”.
Tendered votes in certain circumstances
In rule 37 of Schedule 5 (tendered ballot papers) after paragraph (1) insert—
After paragraph (1C) of that rule (inserted by sub-paragraph (1) above) insert—
In rule 32 of that Schedule (questions to be put to voters) after paragraph (1A) insert—
Assistance for persons with disabilities
In rule 35 of Schedule 5 (votes marked by presiding officer)—
in paragraph (1)(a) for “physical cause” substitute “ disability ”;
after paragraph (5) insert—
In rule 36 of that Schedule (voting by persons with disabilities), in paragraph (1)—
in sub-paragraph (a) for “physical incapacity” substitute “ disability ”;
for “other incapacity” substitute “ other disability ”.
In rule 41 of that Schedule (procedure on close of poll), in paragraph (1)(f) for “ “physical incapacity”” substitute “ “disability” ”.
In the Appendix of Forms in that Schedule, in Note number 2 to the Form of declaration to be made by the companion of a voter with disabilities for “incapacity” substitute “ disability ”.
The 1983 Act
The 1983 Act is amended in accordance with paragraphs 70 to 96.
Official poll cards
Rule 28 of Schedule 1 (issue of official poll cards) is amended as follows.
For paragraph (1) substitute—
In paragraph (3) after sub-paragraph (c) insert—
Election expenses
In section 76(1B) (limitation of election expenses) for “above” (in both places) substitute “ below ”.
Postal voting statement
In section 65 (tampering with nomination papers, ballot papers etc.) in subsection (1)(b) after “or any” insert “ postal voting statement or ”.
Rule 45 of Schedule 1 (the count at parliamentary elections) is amended as follows.
In paragraph (1B)(b)—
for “the declaration of identity” substitute “ the postal voting statement ”;
omit the words “and authenticated”.
In paragraph (1B)—
omit “and” after paragraph (a);
after sub-paragraph (b) insert—
Questions to be put to voters
For rule 35 of that Schedule (questions to be put to voters) substitute—
Voting procedure
For rule 37 of that Schedule (voting procedure) substitute—
This paragraph does not extend to Northern Ireland.
Assistance for persons with disabilities
In section 202 (general provisions as to interpretation), in subsection (1) after the definition of “Common Council” insert—.
In rule 38 of Schedule 1 (votes marked by presiding officer), in paragraph (1)(a) for “physical cause” substitute “ disability ”.
In rule 39 of that Schedule (voting by persons with disabilities), in paragraph (1)—
in sub-paragraph (a) for “physical incapacity” substitute “ disability ”;
for “other incapacity” substitute “ other disability ”.
In rule 43 of that Schedule (procedure on close of poll), in paragraph (1)(f) for “ “physical incapacity”” substitute “ “disability” ”.
In the Appendix of Forms in that Schedule, in Note number 2 to the Form of declaration to be made by the companion of a voter with disabilities for “incapacity” substitute “ disability ”.
Tendered ballot papers
Rule 40 of that Schedule (tendered ballot papers) is amended as follows.
After paragraph (1ZE) (inserted by section 38(2)) insert—
In paragraph (3) at the end insert “ and the voter must sign the list opposite the entry relating to him ”.
Attendance at election proceedings
In section 66(1) (requirement of secrecy) after paragraph (b) insert—.
Rule 11 of Schedule 1 (right to attend nomination) is amended as follows.
In paragraph (1), after sub-paragraph (b) insert.
After paragraph (3) insert—
In paragraph (4) for “A candidate's spouse or civil partner” substitute “ One other person chosen by the candidate ”.
In rule 32 of that Schedule (admission to polling station) for paragraph (1) substitute—
Rule 44 of that Schedule (attendance at counting of votes) is amended as follows.
In paragraph (2)(b) for “their spouses or civil partners” substitute “ one other person chosen by each of them ”.
After paragraph (2)(d) insert—
Identifying marks and security markings on ballot papers etc.
In section 66 (requirement of secrecy), in each of the following provisions, after “number” insert “ or other unique identifying mark ”
subsection (2)(a);
subsection (3)(c);
subsection (4)(b) and (c);
subsection (5).
In rule 19 of Schedule 1 (ballot papers at parliamentary elections), in paragraph (2)(c) after “number” insert “ and other unique identifying mark ”.
Rule 20 of that Schedule (the official mark at parliamentary elections) is amended as follows.
For paragraph (1) substitute—
For paragraph (3) substitute—
In rule 29 of that Schedule (equipment of polling stations at parliamentary elections), in paragraph (3), sub-paragraph (b) is omitted.
Rule 37 of that Schedule (voting procedure at parliamentary elections) is amended as follows.
In paragraph (1)—
sub-paragraph (a) is omitted;
in sub-paragraph (c) for “the counterfoil” substitute “ the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him ”.
In paragraph (2) for “the official mark” substitute “ the number and other unique identifying mark ”.
This paragraph extends only to Northern Ireland.
In rule 45 of that Schedule (the count), in paragraph (4) after “numbers” insert “ or other unique identifying marks ”.
In rule 47 of that Schedule (rejected ballot papers at parliamentary elections), in paragraph (1)(c) after “number” insert “ and other unique identifying mark ”.
The Appendix of forms in that Schedule is amended as follows.
In the Directions as to printing the ballot paper, for paragraph 4 substitute—
For the Form of directions for the guidance of the voters in voting substitute—
Cancellation of postal ballot papers
In Schedule 2 (provisions which may be contained in regulations as to registration etc), in paragraph 12 after sub-paragraph (a) insert—.
Control of documents after parliamentary election: Northern Ireland
Schedule 1 (parliamentary elections rules) is amended as follows.
In rule 55 (delivery of documents after poll) after paragraph (1A) (inserted by section 41(3)(b)) insert—
In rule 57 (retention and public inspection of documents) after paragraph (1) insert—
This paragraph extends only to Northern Ireland.
Local government elections in Scotland
The amendments made by paragraphs 72, 86 and 94 do not apply to a local government election in Scotland.
Control of loans etc. to individuals and members associations
The 2000 Act is amended in accordance with paragraphs 98 to 102.
After section 71X (inserted by section 61 of this Act) insert—
After Schedule 7 insert—
In section 156(4) (provision about subordinate legislation), after paragraph (i) insert—.
In Schedule 20 (penalties), after the entry relating to paragraph 14(5) of Schedule 7 insert—
The Secretary of State must not make an order under section 77 for the purposes of paragraph 16 of Schedule 7A to the 2000 Act (as inserted by paragraph 99) as it applies to the holders of a relevant elective office unless he is informed by the Commission that they are satisfied that they will receive the information mentioned in paragraph 16(3) of that Schedule (as so inserted) in relation to such holders of relevant elective office.
In sub-paragraph (1) references to the holder of a relevant elective office must be construed in accordance with Schedule 7 to the 2000 Act.
Miscellaneous
The Family Law Reform Act 1969 (c. 46)
The 1983 Act
The 1983 Act is amended in accordance with paragraphs 105 to 133.
In section 10 (maintenance of registers: annual canvass), in subsection (4B) for “any incapacity” substitute “ blindness or any other disability ”.
In section 10A (maintenance of registers: registration of electors), in subsection (1B) for “any incapacity” substitute “ blindness or any other disability ”.
Section 29 (payments by and to returning officer), as proposed to be amended by paragraph 6(3) of Schedule 21 to the 2000 Act, is amended as follows.
For subsections (3) to (6) substitute—
In section 53 (power to make regulations as to registration etc.), after subsection (3) insert—
In section 58 (registration appeals: Northern Ireland), in subsection (1), after “except” insert “ subsection (1)(aa) and (ab), ”.
In section 73 (payment of expenses through election agent), in subsection (5)(d) for “section 90A(5)(b)” substitute “ section 90ZA(5) ”.
In section 74A (expenses incurred otherwise than for election purposes) is amended as follows.
In subsection (1)(b) for “section 90A(1)” substitute “ section 90ZA(1) ”.
In subsection (2) omit “(determined in accordance with section 90B below)”.
In subsection (3) for “sections 90A to” substitute “ sections 90ZA and ”.
In section 75 (prohibition of expenses not authorised by election agent), for subsection (4) substitute—
In section 81(9) (returns as to election expenses)—
for “subsection (3)” substitute “ subsection (3A) ”, and
the words “of each such matter” are omitted.
In section 89(1A) (inspection of return containing statement of donations), for “section 81(3)(e) above” substitute “ paragraph 10 of Schedule 2A to this Act ”.
In section 90 (election expenses at elections where election agent not required), in subsection (1)(a) for “sections 90A(5)” substitute “ sections 90ZA(4) ”.
In section 90C (property, goods and services provided free of charge or at a discount), in subsection (2) for “section 90A(3) above” substitute “ Part 2 of Schedule 4A to this Act ”.
Section 90D (modification of election expenses provisions relating to election of London Assembly members) is amended as follows.
In the title, for “sections 90A to” substitute “ sections 90ZA and ”.
In subsection (1) for “Sections 90A to” substitute “ Sections 90ZA and ”.
In subsection (2)(b) for “section 90A(4)” substitute “ section 90ZA(3) ”.
In subsection (3)—
for “section 90A” substitute “ section 90ZA ”;
for “subsection (5)” substitute “ subsection (6) ”;
the substituted subsection there set out is renumbered as subsection (6).
In section 118 (interpretation of Part 2), in the definition of “election expenses” for “sections 90A” substitute “ sections 90ZA ”.
Section 160 (persons reported personally guilty of corrupt or illegal practices) is amended as follows.
In subsection (4A) after “section 60” insert “ or 62A ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 168 (prosecutions for corrupt practice), in subsection (1)(a)(i) after “section 60” insert “ or 62A ”.
In section 173 (incapacities on conviction of corrupt or illegal practice), in subsection (2) after “section 60” insert “ or 62A ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 187 (application of Act to certain local elections) in subsection (1)(a) after “60” insert “ , 62A ”.
In section 191 (municipal elections in the City), in subsection (1)(a) for “and 61” substitute “ , 61 and 62A ”.
In section 193 (personation and other voting offences), in paragraph (a) for “and 61” substitute “ , 61 and 62A ”.
In section 197 (candidate's expenses: ward, and liverymen in common hall, elections), in subsection (3) for the words from “An order under this subsection” to the end substitute— “ The power to make an order under this subsection is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. ”
Section 202(1) (general interpretation) is amended as follows.
Omit the definition of “absent voters list”.
After the definition of “parliamentary election petition” insert—
Rule 6A of Schedule 1 (nomination papers: registered political parties) is amended as follows.
In paragraph (1) for “voters” substitute “ electors ”.
In paragraph (2) after “paragraph (1)” insert “ or (1B) ”.
In rule 12(3A) of that Schedule (decisions as to validity of nomination papers) after “rule 6A(1)” insert “ or (1B) ”.
In rule 14(5) of that Schedule (statement of persons nominated: documents to be sent to Electoral Commission) after “rule 6A” insert “ (1) or (1B) ”.
For rule 36 of that Schedule (challenge of voter) substitute—
The amendments made by paragraphs 111, 112, 114, 117 and 119 do not apply to a local government election in Scotland.
The Representation of the People Act 1985 (c. 50)
In section 6 of the Representation of the People Act 1985 (absent vote at parliamentary elections for an indefinite period), in subsection (2)(b) for “physical incapacity” substitute “ disability ”.
Schedule 1 to that Act (special polling stations in Northern Ireland) is amended as follows.
In paragraph 1(6) (right to vote at special polling stations) for “section 18” substitute “ section 18A ”.
Paragraph 7(2) (application of rules regarding ballot papers after election) is omitted.
The Caldey Island Act 1990 (c. 44)
The Representation of the People Act 2000 (c. 2)
Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain) is amended as follows.138
In paragraph 1(1) omit the definition of “absent voters list”.
In paragraph 2—
in sub-paragraph (7), for the words from “if he is shown” to “as so entitled” substitute “ if sub-paragraph (8) or (9) (as the case may be) applies to him in relation to the election ”;
after sub-paragraph (7) insert—
In paragraph 3(3)(b) after “by reason of” insert “ blindness or other disability or, in the case of local government elections in Scotland, by reason of ”.
In paragraph 5(1) for “a special list (“the absent voters list”) consisting of the two” substitute “ the two special ”.
In paragraph 5(2) after “list” insert “ (“the postal voters list”) ”.
In paragraph 7(8) after “list” insert “ (“the proxy postal voters list”) ”.
The 2000 Act
The 2000 Act is amended as follows.
In section 3 (appointment of Electoral Commissioners and Commission chairman), in subsection (4)(d) after sub-paragraph (iii) insert
In section 24 (office-holders to be registered), in subsection (4), for paragraph (a) substitute—.
In section 27 (financial structure of registered parties: accounting units), in subsection (2)(a) for “Parts III and IV” substitute “ Parts 3, 4 and 4A ”.
In section 29 (registration of party emblems), in subsection (2) after paragraph (c) insert—.
Section 34 (registration of minor parties) is amended as follows.
In subsection (3) for “three months” substitute “ six months ”.
In subsection (8), in paragraph (c)(i), after “sections 28(4) to (8)” insert “ , 28A ”.
Section 50 (definition of donations for the purposes of Part 4) is amended as follows.
In subsection (2), omit paragraph (e).
In subsection (4)—
omit paragraph (a);
in the words following paragraph (b), omit “the loan or”.
Section 53(4) (value of donations) is amended as follows.
For “section 50(2)(e) or (f)” substitute “ section 50(2)(f) ”.
In paragraph (a)—
omit “the loan or”;
omit sub-paragraph (i) and the “or” following it.
In section 55(2) (payments from public funds to be treated as donations received from a permissible donor), for “section 52(1)(a) and (b)” substitute “ section 52(1)(b) ”.
Section 62 (quarterly donation reports) is amended as follows.
After subsection (3) insert—
In subsection (4)—
for “donation or donations” (in both places) substitute “ benefit or benefits ”;
after “this subsection” insert “ or section 71M(4) ”;
in paragraph (b) for “donations” substitute “ benefits ”.
In subsection (5), in paragraph (b)—
for “as part of” substitute “ together with any other relevant donation or donations included in ”;
for “donation” (in the second place) substitute “ benefit ”;
for “is accepted” substitute “ accrues ”.
In subsection (6)—
for “donation or donations” (in the first four places) substitute “ benefit or benefits ”;
after “subsection (4)” (in the first place) insert “ or section 71M(4) ”;
in paragraph (a), for “subsection (4)” substitute “ that provision ”;
in paragraph (b), after “this subsection” insert “ or section 71M(6) ”;
for the words following paragraph (b) substitute “ any relevant donation falling within subsection (6A) ”.
After subsection (6) insert—
In subsection (7)(a), for “donation” (in the first place) substitute “ benefit ”.
In subsection (7)(b)—
for “as part of” substitute “ together with any other relevant donation or donations included in ”;
for “that subsection” substitute “ subsection (6A) ”;
for “donation” (in the second place) substitute “ benefit ”;
for “is accepted” substitute “ accrues ”.
In section 69 (register of recordable donations)—
omit subsection (3), and
in each of subsections (4) and (5), omit “or (3)”.
Section 146 (supervisory powers of Commission) is amended as follows.
In subsection (7) after paragraph (a) (before “or”) insert—.
In subsection (8), after paragraph (a) (before “or”) insert—.
In subsection (9), after the definition of “regulated donee” insert—.
Section 148(6) (general offences) is amended as follows.
In paragraph (a), after “donee” insert “ regulated participant ”.
In paragraph (b), after sub-paragraph (ii) insert—.
In paragraph (c), after sub-paragraph (iii) insert—.
After paragraph (d) insert—.
In Schedule 1 (the Electoral Commission), in paragraph 3(3) (term of office etc of Electoral Commissioners) after paragraph (c) insert—.
In Schedule 6, after paragraph 5 insert—
Schedule 7 (donations to individuals and members associations by donors) is amended as follows.
In paragraph 2—
in sub-paragraph (1), omit paragraph (d);
in sub-paragraph (3), omit paragraph (a);
in sub-paragraph (3) omit “the loan or”.
In paragraph 4(3)(b), omit the words “except for the purposes of paragraph 14,”.
In paragraph 5(4)—
for “2(1)(d) or (e)” substitute “ 2(1)(e) ”;
in paragraph (a) omit “the loan or”;
in paragraph (a) omit sub-paragraph (i) and “or” following it.
In paragraph 10, for sub-paragraphs (1) and (2) substitute—
In that paragraph, in each of sub-paragraphs (6) and (7)—
after “In the case of” insert “ a controlled benefit which is ”;
for “sub-paragraph (2)(b)” substitute “ sub-paragraph (1A)(b) ”;
for “by the same permissible donor” substitute “ from the same person ”.
In paragraph 12(1), for “that provision” substitute “ paragraph 10(2) or 11(1) ”.
Omit Part 4 (reporting of donations by donors).
In paragraph 15 (register of recordable donations), omit sub-paragraph (3)(b).
In Schedule 20 (penalties), omit the entries relating to section 68(5) and paragraph 14(5) of Schedule 7.
European Parliament (Representation) Act 2003 (c. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repeals
In Schedule 5, in rule 2 the words “Maundy Thursday”.
In Schedule 5, in the Appendix to the rules—in the Form of Front of Ballot Paper, the words “Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper”in the Directions as to printing the ballot paper, paragraph 3(e) in the Declaration of identity Front of form the words “Ballot Paper No....................”in the Directions for the guidance of voters in voting, paragraph 1 and in paragraph 6 the words “holding the paper so that the presiding officer can see the official mark on the back of it”.
Section 9(6).
In section 10A(5), the words “the name of” and “duly”.
Section 18.
Section 29(4), (4A) and (4B).
In section 40(1), the words “Maundy Thursday,”.
In section 74A(2), the words “(determined in accordance with section 90B below)”.
In section 75(1), the words from “but paragraph (c) or (d) of” to the end.
In section 81, subsection (3) and in subsection (9), the words “of each such matter”.
Sections 90A and 90B.
In section 119(2), the words “Maundy Thursday,”.
In section 202(1), the definition of “absent voters list”.
In Schedule 1, in rule 2(1)(b) the words “Maundy Thursday,”.
In Schedule 1, in rule 6(3)(a) the words “(of not more than 6 words in length)”.
In Schedule 1, rule 19(2)(d).
In Schedule 1, rule 29(3)(b).
In Schedule 1, rule 37(1)(a).
In Schedule 1, rule 40(1B)(a).
In Schedule 1, in rule 43(1)(e), the words “the counterfoils of the used ballot papers and”.
In Schedule 1, in rule 45(1B)(b), the words “and authenticated”.
In Schedule 1, in rule 55—in paragraph (1)(d), the words “counterfoils and”; paragraphs (2) to (4).
In Schedule 1, in the Appendix to the rules—in the Form of Front of Ballot Paper, the words “Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper”; in the Form of Back of Ballot Paper, the words “Note.— The number on the ballot paper is to correspond with that on the counterfoil”.
In section 19(6)(b) the words “Maundy Thursday,”.
Section 25(1).
In Schedule 1, paragraph 7(2).
In Schedule 4, paragraph 86.
In Schedule 4, in paragraph 1(1), the definition of “absent voters list”.
In Schedule 4, paragraph 2(6)(a) and “or” following it.
Section 50(2)(e).
In section 50(4), paragraph (a) and the words “the loan or”.
Section 52(1)(a).
In section 53(4)(a), the words “the loan or”, sub-paragraph (i) and the “or” following that sub-paragraph.
Section 68.
In section 69, subsection (3) and in subsections (4) and (5), the words “or (3)”.
In section 77(9)(a) the words “Maundy Thursday,”.
In Schedule 7—in paragraph 2, sub-paragraph (1)(d), sub-paragraph (3)(a) and, in sub-paragraph (3), the words “the loan or”; in paragraph 4(3)(b) the words “except for the purposes of paragraph 14,”; in paragraph 5(4)(a), the words “the loan or”, sub-paragraph (i) and the “or” following it; Part 4; paragraph 15(3)(b).
In Schedule 18, paragraph 7(4).
In Schedule 20, the entries relating to section 68(5) and paragraph 14(5) of Schedule 7.
Section 2(2).
Section 3(4)(a) and (b).