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Great Britain Electoral Law

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1 11 In paragraph 13, after sub-paragraph (1) insert— “(1ZZA) References in sub-paragraph (1)(b) to a registration officer’s registration duties include references to— (a) in the case of a registration officer in Great Britain, the officer’s functions— (i) under sections 13BD and 13BE, and (ii) in relation to applications under paragraph 3, 4 or 6 of Schedule 4 to the representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales; (b) in the case of the Chief Electoral Officer for Northern Ireland, the Chief Electoral Officer’s functions— (i) under section 13C, and (ii) in relation to applications under section 6, 7 or 8 of the Representation of the People Act 1985.” Power to remove signature requirements 12 (1) The Secretary of State may by regulations— (a) amend Schedule 4 to the representation of the People Act 2000 (absent voting in Great Britain) by removing any requirement for an application under paragraph 3, 4 or 7 of that Schedule, other than an excluded application, to contain the applicant’s signature; (b) amend section 6 or 7 of the Representation of the People Act 1985 (absent voting at parliamentary elections in Northern Ireland) by removing any requirement for an application under either of those sections to contain the applicant’s signature. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
2 37) 55 Information in Commission’s annual report 56 Notices 57 Proceedings for an offence under this Part 58 Offences committed by bodies corporate 59 Offences committed by unincorporated associations etc 60 Regulations under this Part 61 Meaning of “the Commission” PART 7 GENERAL 62 Review of operation of Act 63 Power to amend references to subordinate legislation etc 64 Financial provisions 65 Interpretation etc 66 Extent 67 Commencement 68 Short title Schedule 1 — Voter identification Schedule 2 — Power to make regulations about registration, absent voting and other matters Schedule 3 — Restriction of period for which person can apply for postal vote Schedule 4 — Proxy voting: limits and transitional provision Schedule 5 — Undue influence: further provision Schedule 6 — Local elections in Northern Ireland and elections to the Northern Ireland Assembly Part 1 — Local elections in Northern Ireland Part 2 — Elections to the Northern Ireland Assembly Schedule 7 — Overseas electors Part 1 — Minor and consequential amendments Part 2 — Transitional provision Schedule 8 — Voting and candidacy rights of EU citizens Part 1 — Amendments to the representation of the People Act 1983 Part 2 — Amendments in relation to certain local elections in England and Wales Part 3 — Amendments in relation to certain elections in Northern Ireland Part 4 — Transitional provision etc Schedule 9 — Offences for purposes of Part 5 Part 1 — Common law offences Part 2 — Statutory offences Part 3 — Inchoate offences Schedule 10 — Disqualification orders: minor and consequential amendments Schedule 11 — Illegal practices Schedule 12 — Supply of information etc ELIZABETH II c. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
3 (2AB) The report must include a description of the steps taken by returning officers to assist relevant persons (within the meaning of rule 29 of Schedule 1 to the representation of the People Act 1983) to vote at the election.” Nomination of candidates at parliamentary elections 10 Candidate nomination paper: commonly used names (1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
4 SCHEDULE 2 Section 2 POWER TO MAKE REGULATIONS ABOUT REGISTRATION, ABSENT VOTING AND OTHER MATTERS Amendments to the representation of the People Act 1983 1 In section 53 of RPA 1983 (power to make regulations as to registration etc), in subsection (1)— (a) omit the “and” at the end of paragraph (b); (b) after paragraph (b) insert— “(ba) with respect to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections; and”. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
5 (3) After sub-paragraph (5) insert— “(5A) References in this paragraph to a registration officer’s registration duties include references to— (a) in the case of a registration officer in Great Britain, the officer’s functions— (i) under sections 13BD and 13BE, and (ii) in relation to applications under paragraph 3, 4 or 6 of Schedule 4 to the representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales; (b) in the case of the Chief Electoral Officer for Northern Ireland, the Chief Electoral Officer’s functions— (i) under section 13C, and (ii) in relation to applications under section 6, 7 or 8 of the Representation of the People Act 1985.” 4 (1) Paragraph 1A is amended as follows. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
6 (7) In this paragraph— (a) “relevant absent voting application” means— (i) an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the representation of the People Act 2000, other than an application in relation to a local government election, or local government elections, in Scotland or Wales, or (ii) an application (including a partially completed application) under section 6, 7 or 8 of the Representation of the People Act 1985; (b) “relevant registration application” means an application (including a partially completed application) for registration in, or alteration of— (i) a register of parliamentary electors, or (ii) a register of local government electors in England, and includes a form (or partially completed form) in connection with a canvass under section 10; (c) “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference in sub-paragraph (1B) to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
7 Consequential repeals 14 The following are repealed— (a) section 2(2) of the Elections (Northern Ireland) Act 1985; (b) paragraph 24(5) of Schedule 1 to the representation of the People Act 2000; (c) paragraph 20(4) of Schedule 4 to the Electoral Registration and Administration Act 2013. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
8 SCHEDULE 3 Section 3 RESTRICTION OF PERIOD FOR WHICH PERSON CAN APPLY FOR POSTAL VOTE Representation of the People Act 2000 1 Schedule 4 to the representation of the People Act 2000 (absent voting in Great Britain) is amended as follows. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
9 (5B) Where the polls for two or more parliamentary elections are held on the same day, references in subsection (5A) to a parliamentary election are to all of those elections taken together.” (5) After subsection (7) insert— “(7A) The requirements prescribed under subsections (6) and (7) must include a requirement for an application to contain the proxy’s date of birth.” Representation of the People Act 2000 7 (1) 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. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
10 Consequential repeals 11 In consequence of section 14(1), the following are repealed— (a) paragraphs 1 to 4 of Schedule 2 to the representation of the People Act 2000; (b) section 141 of PPERA; (c) section 12(9) of the Electoral Administration Act 2006; (d) paragraph 21 of Schedule 4 to the Electoral Registration and Administration Act 2013, and the italic heading before that paragraph; (e) section 15(1) of the Northern Ireland (Miscellaneous Provisions) Act 2014. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
11 SCHEDULE 8 Section 15 VOTING AND CANDIDACY RIGHTS OF EU CITIZENS PART 1 AMENDMENTS to the representation OF THE PEOPLE ACT 1983 1 (1) In section 2 of RPA 1983 (local government electors), in subsection (1)(c), for the words from “Ireland” to the end substitute “Ireland or— (i) in relation to a local government election in England, a qualifying EU citizen or an EU citizen with retained rights, or (ii) in relation to a local government election in Wales, a relevant citizen of the Union or a qualifying foreign citizen; and”. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
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