UKPGA-2022-37 Elections Act 2022 UK

RPA 1983 is amended as follows.

After section 112 insert—

In section 160 (persons reported personally guilty of corrupt or illegal practices), in subsection (4A) for “or 62B” substitute “, 62B or 112A”.

In section 168 (prosecutions for corrupt practices), in subsection (1)(a)(i), before “above” insert “or 112A”.

In section 173 (incapacities on conviction of corrupt or illegal practice), in subsection (2) for “or 62B” substitute “, 62B or 112A”.

RPA 1983 is amended as follows.

Schedule 1 (Parliamentary elections rules) is amended in accordance with subsections (3) and (4).

In rule 32 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert— .

In rule 45 (the count)—

In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 12 insert—

Section 66 of RPA 1983 (requirement of secrecy) is amended as follows.

After subsection (3) insert—

After subsection (4) insert—

In subsection (5), after “to vote”, in the first place it occurs, insert “at an election in Scotland or Wales under the local government Act”.

After subsection (6) insert—

In rule 31 of Schedule 1 to RPA 1983 (Parliamentary elections rules: notification of requirement of secrecy)—

After section 114 of RPA 1983 insert—

In section 115 of RPA 1983 (undue influence)—

Schedule 5 contains further provision relating to this section.

Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

In rule 29 (equipment of polling stations)—

In rule 39 (voting by persons with disabilities)—

In the Appendix of Forms, in the form of declaration to be made by the companion of a voter with disabilities—

In section 5 of PPERA (reports on elections etc), after subsection (2A) insert—

Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

In rule 6 (nomination of candidates), for paragraph (2A) substitute—

In rule 14 (publication of statement of persons nominated), in paragraph (2A)—

In the form of nomination paper in the Appendix of forms, for note 2A substitute—

Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

In rule 6 (nomination of candidates)—

In the Appendix of forms, in the Form of Front of Ballot Paper, for the address after “Catherine Angelina Smith” substitute “(address in [relevant area])”.

The Greater London Authority Act 1999 is amended in accordance with subsections (2) to (5).

In section 4 (voting at ordinary elections)—

In section 16 (filling a vacancy)—

In section 29 (interpretation of Part 1), omit the definition of “mayoral vote”.

In Schedule 2 (voting at elections), omit Part 1.

In section 165 of RPA 1983 (avoidance of election for employing corrupt agent), omit subsection (4).

The Local Government Act 2000 is amended as follows.

In section 9HC (voting at elections of elected mayors)—

In section 9HD (entitlement to vote), in subsection (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.

In section 9R (interpretation of Part 1A), in subsection (1), omit the definitions of “first preference vote” and “second preference vote”.

In Schedule 2 (election of elected mayor), in paragraph 1, after “authority” insert “in Wales”.

Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections) is amended as follows.

In paragraph 4 (voting at elections of mayors)—

Omit paragraph 5.

In paragraph 6 (entitlement to vote), in sub-paragraph (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.

The Police Reform and Social Responsibility Act 2011 is amended as follows.

In section 57 (voting at elections of police and crime commissioners)—

Omit Schedule 9.

For sections 1 and 2 of the Representation of the People Act 1985 substitute—

Schedule 7 contains amendments and transitional provision relating to this section.

After section 13 of PPERA insert—

In Schedule 2 to PPERA (Speaker’s Committee), after paragraph 3 insert—

In section 2 of PPERA (Speaker’s Committee), after subsection (2) insert—

In paragraph 2 of Schedule 2 to PPERA (the Speaker’s Committee: term of office), after sub-paragraph (1) insert—

The following are revoked—

Paragraph 2 of Schedule 1 to PPERA (the Electoral Commission: incidental powers) is amended as follows.

The existing text becomes sub-paragraph (1).

In sub-paragraph (1)—

After sub-paragraph (1) insert—

In section 90C of RPA 1983 (property, goods, services etc provided free of charge or at a discount), after subsection (1) insert—

In section 73 of PPERA (notional campaign expenditure)—

In section 86 of PPERA (notional controlled expenditure), after subsection (1) insert—

In section 94 of PPERA (limits on controlled expenditure by third parties), after subsection (8) insert—

In section 112 of PPERA (notional referendum expenses), after subsection (1) insert—

In paragraph 6 of Schedule 3 to the Recall of MPs Act 2015 (regulation of expenditure: notional petition expenses), after sub-paragraph (3) insert—

In section 52B of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (property, goods, services etc provided free of charge or at a discount), after subsection (1) insert—

In paragraph 14 of Schedule 4A to RPA 1983 (election expenses: Electoral Commission guidance)—

In section 156 of PPERA (orders and regulations), in subsection (3)—

In subsection (4C) of that section, for “(3)” substitute “(3)(a) or (b)”.

In section 73 of RPA 1983 (payment of expenses through election agent), as it applies otherwise than in relation to local government elections in Scotland, in subsection (5)—

In section 39 of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (payment of expenses through an election agent), in subsection (3), after paragraph (c) insert— .

Section 28 of PPERA (registration of parties) is amended in accordance with subsections (2) to (4).

In subsection (1)—

Before subsection (4) insert—

After subsection (8) insert—

In section 34 of PPERA (registration of minor parties), in subsection (8)(c)(i), for “sections 28(4) to (8)” substitute “sections 28(1)(c) and (3B) to (8C)”.

PPERA is amended as follows.

In section 28 (registration of parties), after subsection (7) insert—

In section 85 (controlled expenditure by third parties), in subsection (7), omit paragraph (b).

In section 88 (third parties recognised for purposes of Part 6)—

In section 90 (restriction on incurring controlled expenditure), omit subsection (3).

In section 95 (control of donations to recognised third parties), omit the words from “which” to the end.

In section 95A (quarterly donation reports), omit subsection (11).

In section 95B (weekly donation reports during general election periods), omit subsection (11).

In section 96 (returns as to controlled expenditure), in subsection (2)(d), omit the words from “in a case” to “minor party,”.

In section 99 (declaration by responsible person as to return under section 96), in subsection (3), omit the words from “, in a case” to “minor party,”.

In Schedule 11 (control of donations to recognised third parties), in paragraph 1—

If controlled expenditure is incurred by or on behalf of a relevant person during any post-commencement period in relation to which any limit is imposed by Schedule 10 to PPERA (limits on controlled expenditure), no campaign expenditure may be incurred during that period by or on behalf of the person.

“Relevant person” means a person who, immediately before the commencement date, is both a registered party and a recognised third party.

Where campaign expenditure is incurred by or on behalf of a relevant person in contravention of subsection (1), section 79(2) of PPERA (offence for exceeding limit on campaign expenditure) applies as if campaign expenditure had been incurred in excess of any limit imposed by Schedule 9 to PPERA (and for this purpose references in section 79(2) of PPERA to a registered party are to be read as references to the relevant person in its capacity as a registered party).

See also section 89A of PPERA (inserted by section 26 below), which among other things restricts the incurring of controlled expenditure by or on behalf of a registered party which is also a third party.

A third party may not give a notification under section 88(4)(b) of PPERA (recognised third parties: renewal of original notification) on or after the commencement date if it is also a registered party.

In this section— “campaign expenditure” has the same meaning as it has for the purposes of Part 5 of PPERA (see section 72(2) of that Act); “the commencement date” means the date on which this section comes into force (and post-commencement, in relation to a period, means beginning on or after that date); “controlled expenditure”, “recognised third party” and “third party” have the same meaning as they have for the purposes of Part 6 of PPERA (see section 85 of that Act); “registered party” has the same meaning as in PPERA (see section 160(1) of that Act).

In Part 6 of PPERA, at the beginning of Chapter 2 insert—

In Schedule 20 to PPERA (penalties), at the appropriate place in the table insert— .

The amendments made by subsections (1) and (2) have effect only in relation to reserved regulated periods beginning on or after the day on which this section comes fully into force.

In subsection (3), “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 to PPERA (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).

In section 88 of PPERA (third parties recognised for the purposes of Part 6), after subsection (8) insert—

In section 156 of PPERA (orders and regulations), in subsection (4), after paragraph (dd) insert— .

In section 85 of PPERA (controlled expenditure by third parties), before subsection (6) insert—

Section 88 of PPERA (third parties recognised for the purposes of Part 6) is amended in accordance with subsections (3) to (6).

After subsection (3C) insert—

In subsection (6)—

After subsection (6) insert—

In subsection (8), for the words from “any statement” to the end substitute—

Section 94 of PPERA (limits on controlled expenditure by third parties) is amended in accordance with subsections (8) to (10).

In subsection (3)—

After subsection (4) insert—

After subsection (10) insert—

In section 94A of PPERA (arrangements between third parties notified to the Commission), after subsection (5) insert—

The following subsection: “( ) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.”—

The amendments made by the preceding provisions of this section have effect only in relation to reserved regulated periods beginning on or after the day on which this section comes fully into force.

In subsection (13), “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 to PPERA (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).

After section 100 of PPERA insert—

In section 156 of PPERA (orders and regulations), in subsection (3), before paragraph (a) insert—

In Schedule 8A to PPERA (controlled expenditure: qualifying expenses), in paragraph 3, after sub-paragraph (10) insert—

This section applies where—

The court must, when dealing with the offender for the offence, also make an order (a “disqualification order”) that the offender is disqualified, for the period of 5 years beginning with the date on which the order is made—

Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.

Where the court is a Scottish court, it must—

For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 32 to 34 if—

For the purposes of subsection (4) it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection.

For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the prosecution and the defence.

It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.

Where a Schedule 9 offence is found to have been committed—it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

In this section—“presumed” means presumed by the offender;“Schedule 9 offence” means an offence listed in Schedule 9 (and any reference in that Schedule to an offence includes a reference to that offence committed by aiding, abetting, counselling or procuring the commission of that offence).“Scottish court” means a court with jurisdiction over Scottish criminal law offences.

This section applies where a court makes a disqualification order in respect of a person who holds a relevant elective office.

The relevant elective office is, subject to subsection (3), vacated at the appropriate time, namely—

Where, before the appropriate time mentioned in subsection (2), the person appeals against the conviction or the making of the order, the relevant elective office is vacated at the end of the period of 3 months beginning with the order date unless—

The person is suspended from performing any of the functions of the relevant elective office during the period beginning with the order date and ending with—

Where— the determination of the appeal does not entitle the person to resume that office.

In this section “order date” means the date on which the disqualification order is made by the court.

A person falls within this section if the person is—

The reference in subsection (1)(a) to a person who is a candidate at an election includes a person who is included in a list of candidates submitted in connection with the election.

For the purposes of subsection (1)(a) a person is a future candidate at an election for a relevant elective office or a relevant Scottish elective office if—

For the purposes of subsection (1)(b) a person is a substitute—

For the purposes of subsection (1)(b) a person is a nominee—

For the purposes of subsection (5)(b) as it applies in relation to section 11F of the 1962 Act, references to the nominated officer of a registered party are to be read as references to the nominating officers of each of the registered parties concerned.

In this section— “the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962; “the 2001 Order” means the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599); “nominating officer”, in relation to a registered party, means the person registered as the party’s nominating officer under PPERA in the Northern Ireland register (within the meaning of PPERA); “registered party” means a party registered under PPERA in that register.

A person falls within this section if the person holds a relevant elective office or a relevant Scottish elective office.

For the purposes of subsection (1) a person is to be treated as holding a relevant elective office or a relevant Scottish elective office during any period when—

A person falls within this section if the person is an individual—

Activities are undertaken “for election purposes” if they are undertaken—

Activities are undertaken “for referendum purposes” if they are undertaken—

Activities are undertaken “for recall petition purposes” if they are undertaken for the purposes of or in connection with promoting or procuring the success or failure of a recall petition.

The following persons fall within this subsection—

In this section— “accredited campaigner” has the same meaning as in the Recall of MPs Act 2015 (see Part 5 of Schedule 3 to that Act); “local referendum” means a referendum under or by virtue of— Chapter 4 of Part 1A of the Local Government Act 2000 (local authority governance: England); Part 2 of the Local Government Act 2000 (local authority governance: Wales); section 52ZG or 52ZN of the Local Government Finance Act 1992 (referendums in relation to council tax); Schedule 4B or 4C to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans); “local referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a local referendum; “permitted participant” has the same meaning as in PPERA (see section 105 of that Act); “recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1 of that Act); “recognised third party” has the meaning given in section 85(5) of PPERA; “registered party” has the same meaning as in PPERA (see section 160 of that Act); “relevant election” means an election for a relevant elective office or a relevant Scottish elective office; “relevant referendum” means— a referendum to which Part 7 of PPERA applies, or a local referendum.

In this section a reference to a individual who is “engaged” by a person falling within subsection (5) includes a reference to an individual who is engaged otherwise than for payment or promise of payment.

If a person who is subject to a disqualification order is elected as a member of the House of Commons, the person’s election is void.

In section 7 of the House of Commons Disqualification Act 1975 (jurisdiction of Privy Council as to disqualification), after subsection (5) insert—

The Secretary of State may by regulations amend Schedule 9 by—

Regulations under this section are to be made by statutory instrument.

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

In this Part—“disqualification order” means an order made under section 30;“relevant elective office” means the office of—member of the House of Commons; member of Senedd Cymru; member of the Northern Ireland Assembly; member of a local authority in England, Wales or Northern Ireland; elected mayor (within the meaning of Part 1A or 2 of the Local Government Act 2000); mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; Mayor of London; member of the London Assembly; police and crime commissioner;“relevant Scottish elective office” means the office of—member of the Scottish Parliament, or member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

In the definition of “relevant elective office” in subsection (1), “local authority” means—

The following definitions have effect for the purposes of this Part.

“Electronic material” means material in electronic form which consists of or includes—

In this Part “electronic material” does not include material to the extent that it is received by a person in the form of—

“The promoter”, in relation to electronic material, means the person causing the material to be published.

“Publish” means make available to the public at large or any section of the public.

The Secretary of State may by regulations amend this section so as to modify the definition of “electronic material”, “the promoter” or “publish” that for the time being has effect for the purposes of this Part.

The following definitions have effect for the purposes of this Part.

“Registered party” has the same meaning as in PPERA (see section 160 of that Act).

“Recognised third party” has the meaning given in section 85(5) of PPERA.

“Candidate” means a candidate at an election for a relevant elective office or a relevant Scottish elective office within the meaning of Part 5, including a person who is included in a list of candidates submitted in connection with such an election.

“Future candidate” means a person who is a future candidate at an election for a relevant elective office or a relevant Scottish elective office as defined by section 32(3).

“Elected office-holder” means a person within section 33.

“Referendum campaigner” means a person who is a permitted participant within the meaning of Part 7 of PPERA (see section 105 of that Act) in relation to a referendum to which that Part applies.

“Recall petition campaigner” means a person who is an accredited campaigner within the meaning of the Recall of MPs Act 2015 (see Part 5 of Schedule 3 to that Act) in relation to a recall petition.

“Recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1 of that Act).

Part 5 has effect for the purposes of subsections (4) to (6) as if the definition of “relevant elective office” in section 37(1) included an office to which a person may be elected by a municipal election in the City, as defined by section 191(1) of RPA 1983 (municipal elections in the City of London).

This section applies to electronic material which—

Electronic material to which this section applies must not be published unless, in accordance with this section—

That information is—

The Secretary of State may by regulations amend subsection (3) so as to—

Information is included as part of electronic material for the purposes of subsection (2)(a) only if—

Information that is included as part of electronic material—

Information that is directly accessible from electronic material—

This section is subject to—

Section 41 applies to electronic material which meets the following conditions.

The first condition is that the sole or primary purpose that the electronic material can reasonably be regarded as intended to achieve is a purpose within section 43.

The second condition is that the promoter of the material, or the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.

The reference in subsection (3) to a person paying for material to be published includes the person providing any other form of consideration in return for the publication of the material.

Where the material is published on a website or mobile application of the promoter or the person on behalf of whom the material is published, the reference in subsection (3) to a person paying for material to be published does not include the person making payments related to setting up, operating or maintaining the website or mobile application.

In subsection (5) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.

This section sets out the purposes referred to in section 42.

The first purpose is influencing the public, or any section of the public, to give support to or withhold support from—

For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

The second purpose is influencing the public, or any section of the public, to give support to or withhold support from a particular candidate or particular future candidate in their capacity as such.

For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (4), it is immaterial that it does not expressly mention the name of any candidate or future candidate.

The third purpose is influencing the public, or any section of the public, to give support to or withhold support from an elected office-holder in their capacity as such.

The fourth purpose is influencing the public, or any section of the public, to give support to or withhold support from elected office-holders, in their capacity as such, who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of elected office-holders.

For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (6) or (7), it is immaterial that it does not expressly mention the name of any elected office-holder.

The fifth purpose is influencing the public, or any section of the public, to give support to or withhold support from—

For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (9)(b), it is immaterial that it does not expressly mention a particular outcome of a referendum.

Section 41 applies to electronic material which meets the following conditions.

The first condition is that the electronic material—

The second condition is that the promoter of the material or the person on behalf of whom it is published is—

The third condition is that neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.

Subsections (4) to (6) of section 42 apply in relation to subsection (4) as they apply in relation to subsection (3) of that section.

This section sets out the purposes referred to in section 44.

The first purpose is promoting or procuring electoral success at one or more particular relevant elections for—

For the purposes of subsection (2)—

For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

The second purpose is promoting or procuring the election of a particular candidate or particular future candidate at one or more particular elections.

For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (5), it is immaterial that it does not expressly mention the name of any candidate or future candidate.

The third purpose is promoting or procuring the success or failure of a recall petition.

For the purposes of determining whether any electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (7), it is immaterial that it does not expressly mention the name of the member of the House of Commons to whom the petition relates.

In this section “relevant election” means—

For the purposes of section 41 as it has effect by virtue of sections 42 and 43, electronic material to which subsection (2) applies—

This subsection applies to electronic material which can reasonably be regarded as influencing the public, or any section of the public, to give support to or withhold support from—

For the purposes of section 41 as it has effect by virtue of sections 44 and 45, electronic material to which subsection (4) applies—

This subsection applies to electronic material which can reasonably be regarded as promoting or procuring the election of—

Section 41 does not apply to the republication of electronic material if—

In subsection (1)(b) the reference to electronic material not being materially altered includes a reference to the electronic material retaining— as a result of which its previous publication complied with section 41.

Section 41 does not apply to the publication of electronic material on a website or mobile application whose primary purpose, or one of whose primary purposes, is the publication of journalism created for publication on the website or mobile application, unless the electronic material consists of an advertisement.

In subsection (3) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.

Section 41 does not apply to any party political broadcast or referendum campaign broadcast included by a broadcaster in its broadcasting services.

In subsection (5)— “broadcaster” has the meaning given in section 37(2) of PPERA; “referendum campaign broadcast” has the meaning given in section 127(2) of PPERA.

The Secretary of State may by regulations amend this section so as to add, modify or remove cases to which section 41 does not apply.

Where any electronic material to which section 41 applies is published in contravention of that section, the following persons are guilty of an offence—

A person guilty of an offence under subsection (1) is liable—

It is a defence for a person charged with an offence under subsection (1) to prove—

It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance under section 54.

It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—

In subsection (5)(c) the reference to electronic material not being materially altered includes a reference to the electronic material retaining— as a result of which the person reasonably believed its previous publication complied with section 41.

The court by or before which a person is convicted of an offence under subsection (1) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

This section is subject to Schedule 11, which provides for certain persons who would otherwise be guilty of an offence under this section to be guilty of an illegal practice.

See also section 49, which makes provision about the removal etc of electronic material in the event of a conviction under this section.

This section applies if, in respect of any electronic material, a person is convicted of—

The court by or before which the person is convicted of the offence or illegal practice may order a person by whom the electronic material is published to take the action specified in the order to remove the material, or to disable access to it, before the end of the period specified in the order.

Where an order is made under subsection (2), the person to whom it applies has the same right of appeal against it as if—

A person to whom an order under subsection (2) applies commits an offence if, without reasonable excuse, the person fails to comply with the order.

A person guilty of an offence under subsection (4) is liable—

The court by or before which a person is convicted of an offence under subsection (4) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

Parts 1 to 4 and 6 of Schedule 19C to PPERA (civil sanctions) and the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) apply (subject to the following provisions of this section) in relation to an offence to which this section applies as they apply in relation to a prescribed offence under that Act.

This section applies to—

In the application of paragraph 23 of Schedule 19C to PPERA (use of statements made compulsorily) by virtue of this section, the reference in sub-paragraph (1) of that paragraph to Schedule 19B to that Act is to be read as including a reference to Schedule 12 to this Act.

In the application of paragraph 13(1)(a) of Schedule 1 to the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) by virtue of this section, the reference to PPERA and that Order is to be read as a reference to that Act and that Order as they are applied by this section.

This section applies if—

The Commission may give a notice in writing to a person by whom the electronic material is published requiring the person to take the action specified in the notice to remove the material, or to disable access to it, before the end of the period specified in the notice.

A person to whom a notice under subsection (2) has been given commits an offence if, without reasonable excuse, the person fails to comply with the notice.

A person guilty of an offence under subsection (3) is liable—

The court by or before which a person is convicted of an offence under subsection (3) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

This section is subject to section 52 (further provision about notices under this section).

Before giving a notice under section 51(2) to a person the Commission must give the person a notice in writing of its intention to do so.

The person may, within the period specified in the notice under subsection (1), make written representations to the Commission in relation to the proposal to give the person a notice under section 51(2).

The Commission may give the person a notice under section 51(2) only if—

A notice under subsection (1) must include information as to—

The period specified under subsection (4)(d) must not be less than 14 days beginning with the day on which the notice is given.

A notice under section 51(2) must include information as to—

The Commission may by notice in writing withdraw or vary a notice under section 51(2) at any time.

A person to whom a notice under section 51(2) has been given may appeal against the notice on the ground that—

An appeal under subsection (8) is to—

On an appeal under subsection (8) the county court or the sheriff may—

Schedule 12 makes provision about the supply of information for the purposes of this Part.

Paragraphs 3 to 13 and 15 of Schedule 19B to PPERA (investigatory powers) apply in relation to an offence within section 50(2)(a) or (b) as they apply in relation to an offence under that Act.

The Commission must prepare guidance about—

The Commission or a constable must have regard to guidance issued under this section in exercising those functions.

Once the Commission has prepared draft guidance under this section, it must submit it to the Secretary of State for approval by the Secretary of State.

The Secretary of State may approve draft guidance either without modifications or with such modifications as the Secretary of State may determine.

Once the Secretary of State has approved draft guidance, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—

If the draft guidance incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.

If, within the 40-day period, either House resolves not to approve the draft guidance, the Secretary of State must take no further steps in relation to the draft guidance.

Subsection (7) does not prevent new draft guidance from being laid before Parliament.

If no resolution of the kind mentioned in subsection (7) is made within the 40-day period—

The Commission—

References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.

In this section “the 40-day period”, in relation to draft guidance, means— no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Each report by the Commission under paragraph 20 of Schedule 1 to PPERA must contain information about—

The report must, in particular, specify—

This section does not require the Commission to include in a report any information that, in its opinion, it would be inappropriate to include on the ground that to do so—

A notice which may be given to a person under this Part by the Commission or a constable may be given—

A notice to a body corporate may be given to an officer of that body.

A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business.

A notice to an unincorporated association (other than a partnership) may be given to a member of the governing body of the association.

For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—

If a person has specified an address in the United Kingdom, other than the person’s proper address within the meaning of subsection (5), as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice under this Part, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person’s proper address.

A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.

In this section— “officer” in relation to a body corporate, means a director, manager, secretary or other similar officer of the body; “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Summary proceedings for an offence under this Part may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken against any body, including an unincorporated association, at any place at which it has a place of business, and against an individual at any place at which the individual is for the time being.

Subsections (3) to (7) apply to—

Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within three years after the commission of the offence and within six months after the relevant date.

Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for the offence may be commenced in Scotland at any time within three years after the commission of the offence and within six months after the relevant date; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.

Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within three years after the commission of the offence and within six months after the relevant date.

In subsections (3) to (5) “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the prosecutor’s knowledge.

For the purposes of subsection (6) a certificate of any prosecutor as to the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact.

Subsections (9) to (15) apply to an offence under this Part other than—

Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within one year after the commission of the offence.

Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for the offence may be commenced in Scotland at any time within one year after the commission of the offence; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.

Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within one year after the commission of the offence.

A magistrates’ court in England and Wales may act under subsection (13) if satisfied on an application by a constable or a Crown prosecutor—

The magistrates’ court may extend the time within which proceedings must be commenced in pursuance of subsection (9) to not more than two years after the commission of the offence.

An application under subsection (12) must be made not more than one year after the commission of the offence.

Any party to an application under subsection (12) who is aggrieved by the refusal of the magistrates’ court to act under subsection (13) may appeal to the Crown Court.

Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Proceedings for an offence alleged to have been committed under this Part by an unincorporated association are to be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if the association were a corporation.

A fine imposed on an unincorporated association on its conviction of an offence under this Part must be paid out of the funds of the association.

Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in England or Wales with an offence under this Part in the same way as it has effect in the case of a corporation so charged.

Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Part in the same way as it has effect in the case of a corporation so charged.

Where a partnership is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

Where any other unincorporated association is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— the officer or member, as well as the association, is guilty of that offence and liable to be proceeded against and punished accordingly.

The Secretary of State may make regulations under this Part only—

Regulations under this Part—

A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

This section does not apply to regulations under section 54(9)(c).

The Secretary of State must, within the review period—

In subsection (1), “the review period” is the period—

The Secretary of State may by regulations made by statutory instrument amend—in consequence of the amendment or revocation of any subordinate legislation which is for the time being referred to in the provision.

In subsection (1), “subordinate legislation” means—

A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

There is to be paid out of money provided by Parliament—

There is to be paid out of the Consolidated Fund any increase attributable to this Act in the sums payable under any other Act out of that Fund.

There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.

This Act extends to England and Wales, Scotland and Northern Ireland, subject to the following provisions of this section.

In Part 1—

Any amendment, repeal or revocation made by any of the following provisions has the same extent in the United Kingdom as the enactment amended, repealed or revoked—

In Part 1 of Schedule 8—

Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the amendments of that Act made by paragraph 8 of Schedule 10 as those subsections apply to the provisions of that Act.

Subject to subsection (3), the provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

Regulations under subsection (1) may appoint different days for different purposes or areas.

This Part comes into force on the day on which this Act is passed.

The Secretary of State may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

Regulations under subsection (4) may make different provision for different purposes or areas.

Section 13C (electoral identity card: Northern Ireland) is amended as follows.

In subsection (2)—

After subsection (3) insert—

In subsection (4), in paragraph (d), before “include” insert “subject to provision made by virtue of subsection (4A),”.

After subsection (4) insert—

Section 13CZA (provision of false information: application for electoral identity card), as extended by paragraph 38 of this Schedule, is amended as follows.

For subsection (1) substitute—

For subsection (5) substitute—

In the heading, after “application for” insert “electoral identity document, anonymous elector’s document or”.

Section 61 (other voting offences) is amended as follows.

In subsection (6), after “deemed to have voted” insert “(but see subsection (6ZA))”.

After subsection (6) insert—

Rule 26 (appointment of presiding officers and clerks) is amended as follows.

In paragraph (3), for the words from “except” to the end substitute

After paragraph (3) insert—

Rule 29 (equipment of polling stations) is amended as follows.

In paragraph (3), after sub-paragraph (e) insert—

After paragraph (3) insert—

After paragraph (4) insert—

Rule 35 (questions to be put to voters) is amended as follows.

In the table following paragraph (1), in the column headed “Questions”, in entry 1 (electors), entry 2 (proxies), entry 3 (proxies for an elector with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert—

Before paragraph (3) insert—

For paragraph (3) substitute—

In paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote)”.

After paragraph (4) insert—

Rule 37 (voting procedure), as it extends to Northern Ireland, is amended as follows.

For the heading substitute “Voting procedure and voter identification requirements: Northern Ireland”.

After paragraph (1A) insert—

In paragraph (1B), for the words from “the officer” to the end substitute

In paragraph (1C)—

In paragraph (1D), after “decides” insert “or reasonably suspects (as the case may be)”.

After paragraph (1D) insert—

In paragraph (1E)—

After paragraph (1E) insert—

After paragraph (1F) insert—

Rule 37 (voting procedure), as it extends to England and Wales and to Scotland, is amended as follows.

For the heading substitute “Voting procedure and voter identification requirements: Great Britain”.

In paragraph (1)—

After paragraph (1) insert—

In paragraph (2), omit the words from “and only” to the end.

In paragraph (3), omit sub-paragraph (a).

Rule 40 (tendered ballot papers) is amended as follows.

For paragraph (1A) substitute—

In paragraph (1B), after “where” insert “, at an election held in Northern Ireland”.

In the Appendix of Forms, the form of directions for the guidance of the voters in voting is amended as follows.

Before the existing paragraph 1 insert—

The existing paragraphs numbered 1, 2, 3 and 4 are re-numbered 2, 3, 4 and 5 respectively.

Paragraph 1 is amended as follows.

In sub-paragraph (2A)—

After sub-paragraph (5) insert—

Paragraph 1A is amended as follows.

In sub-paragraph (1)(a), for the words from the first “who is” to the end substitute “within sub-paragraph (1A),”.

After sub-paragraph (1) insert—

After sub-paragraph (5) insert—

Paragraph 3ZA is amended as follows.

In sub-paragraph (1)—

After sub-paragraph (2) insert—

After sub-paragraph (3) insert—

In sub-paragraph (4), after “(3)” insert “or (3A)”.

In sub-paragraph (6), after “(3)” insert “or (3A)”.

After sub-paragraph (6) insert—

The Secretary of State may by regulations—

In sub-paragraph (1), “excluded application” means an application in relation to a local government election, or local government elections, in Scotland or Wales.

Regulations under sub-paragraph (1) may make—

The consequential provision that may be made by virtue of sub-paragraph (3)(b) includes provision amending any provision made by the Representation of the People Acts.

Regulations under sub-paragraph (1) are to be made by statutory instrument.

A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

The Secretary of State may by regulations make provision about the issuing or use of unique reference numbers in connection with—

Regulations under sub-paragraph (1) may in particular make provision—

Regulations under sub-paragraph (1) may make—

The consequential provision that may be made by virtue of sub-paragraph (3)(b) includes provision amending any provision made by the Representation of the People Acts or the Elected Authorities (Northern Ireland) Act 1989.

Regulations under sub-paragraph (1) are to be made by statutory instrument.

A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Paragraph 3 (absent vote at elections for definite or indefinite period) is amended as follows.

In sub-paragraph (1)—

After sub-paragraph (1) insert—

In sub-paragraph (4)—

In sub-paragraph (5)—

In sub-paragraph (7)—

After sub-paragraph (7) insert—

In the heading before paragraph 3, for “definite or indefinite” substitute “a”.

Paragraph 7 (voting as proxy) is amended as follows.

In sub-paragraph (4), in paragraph (a) omit “(whether for an indefinite period or for a particular period specified in his application)”.

In sub-paragraph (5), in paragraph (c) after “requirements” insert “and, in the case of an application to vote by post as proxy at local government elections in Scotland or Wales for a particular period, specifies the period”.

After sub-paragraph (5) insert—

In sub-paragraph (6)—

In sub-paragraph (9)—

This paragraph applies where, immediately before the day specified for the purposes of this paragraph (“the specified day”), a person has a relevant postal vote entitlement lasting for—

A “relevant postal vote entitlement” means an entitlement, resulting from the grant of a pre-commencement application, to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both).

The person’s relevant postal vote entitlement ends on the applicable 31 January (unless it ends sooner).

“The applicable 31 January” means—

“The signature refresh date” means the 31 January by which the registration officer would be required to send the person a regulation 60A notice (assuming no change in the person’s entitlement or entitlements to vote by post or by proxy after the specified day, and disregarding sub-paragraph (9)).

As soon as practicable after the specified day, the registration officer must alter the record kept under paragraph 3(4) or 7(6) of Schedule 4 to RPA 2000 (as the case may be) so as to reflect any change resulting from sub-paragraph (3) in the period for which the person’s relevant postal vote entitlement lasts.

The registration officer must, before the applicable 31 January, send the person—

Sub-paragraph (9) applies where, as a result of sub-paragraph (3), a person’s relevant postal vote entitlement is to end on the signature refresh date.

Any requirement to send the person a regulation 60A notice by the signature refresh date does not apply, unless—

Expressions used in this paragraph and in Schedule 4 to RPA 2000 have the same meaning as in that Schedule.

This paragraph does not apply in relation to a person who is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration made at any time before the day on which section 14 comes fully into force (see instead Part 2 of Schedule 7).

In this paragraph—“pre-commencement application” means an application made under paragraph 3(1) or 7(4)(a) of Schedule 4 to RPA 2000 before the specified day;“register of parliamentary electors” means a register of parliamentary electors maintained under section 9 of RPA 1983;“regulation 60A” means regulation 60A (requirement to provide fresh signatures) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) or the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (S. 2);“regulation 60A notice” means a notice under regulation 60A;“RPA 2000” means the Representation of the People Act 2000;“specified” means specified by the Secretary of State in regulations made by statutory instrument.

Section 61 (other voting offences) is amended as follows.

After subsection (1) insert—

After subsection (3A) insert—

In subsection (4)—

In subsection (6), after “subsection” insert “(3B) or”.

Rule 35 of Schedule 1 (questions to be put to voters) is amended as follows.

In paragraph (1)—

The table following paragraph (1) is amended in accordance with sub-paragraphs (4) to (6).

In entry 2, in the column headed “Questions”, for question (c) substitute—.

In entry 3, in the column headed “Questions”, for question (c) substitute—.

Omit entry 4.

In paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

Section 8 of the Representation of the People Act 1985 (proxies at parliamentary elections in Northern Ireland) is amended as follows.

After subsection (2) insert—

In subsection (3)—

For subsection (5) substitute—

After subsection (7) insert—

Paragraph 6 of Schedule 4 to the Representation of the People Act 2000 (proxies at parliamentary elections and local government elections in Great Britain) is amended as follows.

After sub-paragraph (5B) insert—

In sub-paragraph (6)—

This paragraph applies where—

On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

The registration officer must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

As soon as practicable after the specified day, the registration officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

Where the specified day is 31 January in a particular year, sub-paragraph (6) applies in relation to a person who—

The requirement to send the person a regulation 60A notice by the specified day does not apply, unless—

Nothing in sub-paragraph (2) affects the proxy appointment so far as it also relates to any election or elections other than those mentioned in sub-paragraph (1)(b).

In this paragraph—“proxy appointment” means an appointment of a person to vote as proxy for another person;“registration officer” has the meaning given by section 8(1) of RPA 1983;“regulation 60A” means regulation 60A (requirement to provide fresh signatures) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) or the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (S. 2);“regulation 60A notice” means a notice under regulation 60A;“relevant absent voters’ records” means the records kept under paragraphs 3(4), 4(6) and 7(6) and (8) of Schedule 4 to RPA 2000;“RPA 2000” means the Representation of the People Act 2000;“specified” means specified by the Secretary of State in regulations made by statutory instrument.

This paragraph applies where—

On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

In this paragraph—“proxy appointment” means an appointment of a person to vote as proxy for another person;“relevant absent voters’ records” means the records kept under sections 6(3) and 9(6) and any lists under sections 7(4) and 9(9) of RPA 1985 which have not been published under regulation 66(3) of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741);“relevant provisions of this Schedule” means paragraphs 2(2) and 6(2);“RPA 1985” means the Representation of the People Act 1985;“specified” means specified by the Secretary of State in regulations made by statutory instrument.

An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to—

The registration officer must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy.

Sub-paragraph (1) does not apply where the application was made on or after the day on which paragraph 2(2) comes into force.

Expressions used in this paragraph and in paragraph 8 have the same meaning as in that paragraph.

An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to—

The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy.

Sub-paragraph (1) does not apply where the application was made on or after the day on which the relevant provisions come into force.

More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

Expressions used in this paragraph and in paragraph 9 have the same meaning as in that paragraph.

RPA 1983 is amended as follows.

In section 160 (persons reported personally guilty of corrupt or illegal practices)—

In section 173 (incapacities on conviction for corrupt or illegal practice)—

Rule 26 (equipment of polling stations) is amended as follows.

In paragraph (3), after sub-paragraph (e) insert—

For paragraph (3A)(b) substitute—

After paragraph (3A) insert—

Omit paragraphs (5) to (10).

Rule 32 (questions to be put to voters) is amended as follows.

In paragraph (1A), after “elector” insert “or as proxy”.

For paragraph (2) substitute—

After paragraph (2) insert—

For paragraph (3) substitute—

After paragraph (5) insert—

Rule 34 (voting procedure) is amended as follows.

For the heading substitute “Voting procedure and voter identification requirements”.

After paragraph (2) insert—

In paragraph (3), for the words from “the officer” to the end substitute

In paragraph (4)—

In paragraph (5), after “decides” insert “or reasonably suspects (as the case may be)”.

After paragraph (5) insert—

In paragraph (6)—

After paragraph (6A) insert—

Rule 36 (voting by persons with disabilities) is amended as follows.

In paragraph (2)(b)(i), for “is a qualified person within the meaning of this rule” substitute “is aged 18 or over”.

In paragraph (2A), for the words from “reading” to the end substitute “but as if—

In paragraph (3), omit the words from “and a person” to the end.

Rule 56A (destruction of home address forms) is amended as follows.

For “each candidate’s home address form” substitute “the documents mentioned in paragraph (1A)”.

After paragraph (1) insert—

In the heading, after “forms” insert “and date of birth lists”.

Paragraph 12A (illegal practices: voting offences) is amended as follows.

After sub-paragraph (1) insert—

For sub-paragraph (4) substitute—

In sub-paragraph (6), after “deemed to have voted” insert “(but see sub-paragraph (6A))”.

After sub-paragraph (6) insert—

Paragraph 27 (requirement of secrecy) is amended as follows.

In sub-paragraph (3)—

After sub-paragraph (3) insert—

After sub-paragraph (4) insert—

In Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454), paragraph 3 (proxies at local elections) is amended as follows.

After sub-paragraph (1) insert—

In sub-paragraph (2)—

For sub-paragraph (4) substitute—

Part 2 of Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 (application and modification of RPA 1983 in relation to local elections in Northern Ireland) is amended as follows.

In paragraph 14, after sub-paragraph (b) insert—.

In paragraph 16, for “subsection (1)(c)” substitute “subsection (1)(bb) and (c)”.

For paragraph 18 substitute—

The Schedule to the Elections Act 2001 (modification of the local election rules for occasions where polls are combined) is amended as follows.

For paragraph 6 (Parliamentary elections rules: questions to be put to voters) substitute—

In paragraph 20 (local elections rules: questions to be put to voters), for “the second question in paragraph (2)” substitute “in each of questions (a), (b) and (c) in paragraph (2)”.

This paragraph applies where—

On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

In this paragraph and paragraph 33—“the 1985 Order” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454);“local election” has the meaning given by section 130(1) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.));“proxy appointment” means an appointment of a person to vote as proxy for another person;“relevant absent voters’ records” means—the record kept under paragraph 1(3) of Part 1 of Schedule 2 to the 1985 Order, the record kept under paragraph 4(5) of that Part, and any lists kept under paragraphs 2(4) and 4(8) of that Part which have not been published under paragraph 15(6) of that Part;“relevant provisions of this Schedule” means paragraphs 26 and 28(2);“specified” means specified by the Secretary of State in regulations made by statutory instrument.

This paragraph applies where—

On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

More than one day may be specified for the purposes of this paragraph if the relevant provisions of Schedule 4 come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of Schedule 4 are to be construed accordingly).

In this paragraph and paragraph 48—“Assembly election” means an election to the Northern Ireland Assembly;“proxy appointment” means an appointment of a person to vote as proxy for another person;“relevant absent voters’ records” means any lists prepared under sections 7(4) and 9(9) of the Representation of the People Act 1985 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) which have not been published under regulation 66(3) of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) (as so applied);“relevant provisions of Schedule 4” means paragraphs 2(2) and 6(2) of Schedule 4;“specified” means specified by the Secretary of State in regulations made by statutory instrument.

This paragraph applies to an application for a proxy appointment under section 7(1) or (2)(b) of the Representation of the People Act 1985 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”).

The application is to be treated as not having been made.

The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (2) information about how to make a fresh application to vote by proxy.

Sub-paragraph (2) does not apply where the application was made on or after the day on which the relevant provisions of Schedule 4 come into force.

More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of Schedule 4 are to be construed accordingly).

Schedule 2 (provisions which may be contained in regulations as to registration etc) is amended as follows.

After paragraph 3ZA insert—

In paragraph 4, after sub-paragraph (2) insert—

In paragraph 5, after sub-paragraph (1A) insert—

The amendments made by section 14 and Part 1 of this Schedule do not apply in relation to an application for registration in a register of parliamentary electors in pursuance of a pre-commencement declaration (even if the application is determined on or after the commencement date).

In this paragraph, “pre-commencement declaration” means an overseas elector’s declaration made at any time before the commencement date.

This paragraph applies to a person who is for the time being registered in a register of parliamentary electors in pursuance of a pre-commencement declaration (regardless of when the person’s application for registration in the register is determined).

In such a case—

Section 1D(1)(a) has effect as if it provided for the person to remain registered—

In sub-paragraph (3)(b), “the specified day” means the day specified by the Secretary of State by regulations made by statutory instrument.

In this paragraph—“pre-commencement declaration” has the same meaning as in paragraph 13;“post-commencement declaration” means an overseas elector’s declaration (as defined by section 1B(1) of RPA 1985 (substituted by section 14 of this Act)) made at any time on or after the commencement date.

This paragraph applies where, immediately before the commencement date, a person to whom paragraph 14 applies has an entitlement to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland.

Subject to sub-paragraph (3), the person’s entitlement to vote by post ends on the last day of the period of 12 months beginning with the date when the person’s entry in the register of parliamentary electors first takes effect (unless it ends sooner).

Where—the entitlement ends at that time.

As soon as practicable after the commencement date, the registration officer must alter the record kept under paragraph 3(4) or 7(6) of Schedule 4 to RPA 2000 (as the case may be) so as to reflect any change resulting from sub-paragraph (2) or (3) in the period for which the person’s entitlement to vote by post lasts.

This paragraph applies where—

The amendments made to Schedule 4 to RPA 2000 by Schedule 3 to this Act do not apply in relation to the determination of the application.

Any grant of the application is to be for—

The Secretary of State may by regulations make provision for supplementing, or provision incidental to, the provision made by paragraphs 13 to 16.

Regulations under sub-paragraph (1) may make different provision for different purposes or areas.

Regulations under sub-paragraph (1) are to be made by statutory instrument.

A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State may take whatever steps the Secretary of State considers appropriate to promote awareness among qualifying people of the changes made by section 14 to the overseas elector franchise.

In this paragraph—“the overseas elector franchise” means the basis on which a person is entitled to vote as an elector at parliamentary elections in accordance with section 1 of RPA 1985;“qualifying people” means people who may, on or after the commencement date, be entitled to vote as electors at parliamentary elections in accordance with section 1 of RPA 1985.

A person with functions of a public nature may disclose information to the Secretary of State for the purpose of enabling the Secretary of State to identify those who are, or are likely to be, qualifying people.

The Secretary of State may use information held by, or provided to, the Secretary of State for the purpose of identifying people who are, or are likely to be, qualifying people.

Personal data may not be disclosed or used under this paragraph if the disclosure or use would contravene the data protection legislation (but in determining whether the disclosure would do so, the powers conferred by sub-paragraphs (3) and (4) are to be taken into account).

In sub-paragraph (5), “personal data” and “the data protection legislation” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

In section 2 of RPA 1983 (local government electors), in subsection (1)(c), for the words from “Ireland” to the end substitute.

In section 4 of that Act (entitlement to be registered as local government elector), in subsection (3)(c), for the words from “Ireland” to the end substitute.

In section 7B of that Act (notional residence: declarations of local connection)—

In section 15 of that Act (service declaration), in subsection (5)(a), for “, or by a relevant citizen of the Union; and” substitute.

In section 16 of that Act (contents of service declaration), as it extends to England and Wales, in subsection (1)(e) for the words from “a relevant” to the end substitute.

In section 16 of that Act (contents of service declaration), as it extends to Northern Ireland, in paragraph (e) for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”.

In section 17 of that Act (effect of service declaration), in subsection (1)(c), for the words from “a relevant” to the end substitute

In section 49 of that Act (effect of registers), in subsection (5)(b)—

In section 201 of that Act (regulations)—

In section 203 of that Act (local government provisions as to England and Wales), at the appropriate place insert the following definitions—.

After section 203 of that Act insert—

After Schedule 6 to that Act insert—

The City of London (Various Powers) Act 1957 is amended as follows.

In section 4(1) (interpretation of Part 2)—

In section 5 (qualification of candidate for election to common council), in subsection (1), for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”.

In section 6 (qualification of voters at ward elections), in subsection (1), for “relevant citizens of the Union” substitute “qualifying EU citizens or EU citizens with retained rights”.

The Police Reform and Social Responsibility Act 2011 is amended as follows.

In section 51(6C)(a) (election to fill vacancy in office of commissioner), for the words from “disqualified” to “Union” substitute.

In section 52(1C)(a) (persons entitled to vote), for the words from “disqualified” to the end substitute.

In section 64(1C)(a) (disqualification from election as police and crime commissioner), for “relevant citizen of the Union” substitute “qualifying EU citizen or an EU citizen with retained rights”.

In section 68 (citizenship condition)—

In section 102(1) (interpretation)—

The Elected Authorities (Northern Ireland) Act 1989 is amended as follows.

In section 1(1)(c) (local electors in Northern Ireland), for “or a relevant citizen of the Union” substitute “, a qualifying EU citizen or an EU citizen with retained rights”.

In section 10(1) (interpretation)—

In Part 1 of Schedule 1 (provisions of RPA 1983 applied to local elections), at the end insert—

In Part 2 of Schedule 1 (modifications of provisions of RPA 1983 applied to local elections)—

Section 36 of the Northern Ireland Act 1998 (disqualification) is amended as follows.

After subsection (4) insert—

In subsection (7), for “citizen of the European Union” substitute “qualifying EU citizen or an EU citizen with retained rights”.

After subsection (7) insert—

In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) (application with modifications of RPA 1983 etc), the table is amended as follows.

In the right-hand column of the entry for section 49 of RPA 1983 (effect of registers), for the existing text substitute “In subsection (5)(b)(iiia), for “a local government elector in England” substitute “an elector””.

After the entry for section 202 of RPA 1983 insert—.

After the entry for Schedule 4A to RPA 1983 insert—.

This paragraph applies where—

The coming into force of the relevant provision does not affect the person’s qualification to continue holding that office until the end of their current term in that office.

For the purposes of this paragraph, a person is to be treated as holding an office from the time when the person is elected as, or declared to be returned as, the holder of the office (and accordingly the person’s term of office is to be treated as beginning at that time).

The following offices fall within this sub-paragraph—

In sub-paragraph (4)(b), “local authority in England” means a county council in England, a district council, a parish council, a London borough council or the Council of the Isles of Scilly.

The Secretary of State may by regulations make transitional or saving provision in connection with provision made by this Schedule.

Regulations under this paragraph may—

Regulations under this paragraph are to be made by statutory instrument.

A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Nothing in this paragraph affects the generality of section 67(4) (power to make transitional etc provision in connection with commencement).

An inchoate offence in relation to an offence listed in Part 1 or 2 of this Schedule.

In sub-paragraph (1), inchoate offence, in relation to an offence, means—

For the purposes of sub-paragraph (2)(c), an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.

Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local elections rules) is amended as follows.

In rule 10(2) (validity of nomination papers), after sub-paragraph (b) insert—