Amendments of the 1983 Act
This section has no associated Explanatory Memorandum
3.—(1) The 1983 Act is amended as follows.
(2) In section 9B (anonymous registration)—
(a)in subsection (1)(a), after “10ZC”() insert “or 10A(1)(a)”();
(b)in subsection (6), after “10ZC” insert “or 10A(1)(a)”;
(c)in subsection (7)(b), after “person” insert “(including an application which is treated as having been made by him by virtue of section 10A(2) below)”().
(3) In section 9C (removal of anonymous entry)—
(a)in subsection (1) after “register” where it occurs for the first time insert “maintained by a registration officer in Great Britain”;
(b)after subsection (1) insert—
“(1A) If a person (“P”) has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, P’s entitlement to remain registered terminates at the end of such period of five years or less beginning with the relevant date, as that officer determines in relation to P.
(1B) But if, at any time before the expiry of the period determined under subsection (1A)—
(a)the declaration made for the purposes of section 9B is cancelled, or
(b)the Chief Electoral Officer determines that the safety test is no longer satisfied,
P’s entitlement to remain registered terminates at that time.
(1C) In subsection (1A) “the relevant date” means—
(a)where P’s anonymous entry is the result of an application under section 9B(1)(a), the date when P’s entry in the register first takes effect; or
(b)where P’s anonymous entry is the result of an application under section 9B(1)(b), the date when the Chief Electoral Officer determines under section 9B(2) that the safety test is satisfied.
(1D) Subsection 9B(10) (meaning of “safety test”) applies for the purposes of subsection (1B) (treating references to the applicant for an anonymous entry as references to P).
(1E) A determination under subsection (1A) or (1B) must be made in accordance with regulations.”;
(c)in subsection (2)—
(i)for “Subsection (1) above” substitute “This section”, and
(ii)for the words from “the expiry of” to the end substitute “the time at which it would terminate under this section.”;
(d)in subsection (3), for “subsection (1) above” substitute “this section”.
(4) In section 58 (registration appeals: Northern Ireland)(), after subsection (1)(b) insert—
“(ba)from a determination of the Chief Electoral Officer under section 9B(2) or section 9C(1B);”.
(5) Schedule 1 (parliamentary elections rules) is amended as follows.
(6) In rule 31A (return of postal ballot papers)(), after paragraph (1) insert—
“(1A) Paragraph (1) shall not apply in relation to a vote on a tendered postal ballot paper (see rule 40ZA).”.
(7) In rule 40 (tendered ballot papers)(), after paragraph (6) insert—
“(7) This rule does not apply in relation to an elector who has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland.”.
(8) After rule 40 insert—
“Tendered postal ballot papers: anonymous entries in Northern Ireland
40ZA.—(1) This rule applies to a person (“P”) who—
(a)is an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland; or
(b)is entitled to vote by post as proxy for such an elector,
and who claims to have lost, or not received, a postal ballot paper.
(2) P may apply to the Chief Electoral Officer for a replacement postal ballot paper (in these rules referred to as a “tendered postal ballot paper”).
(3) The application—
(a)may be made by post or in person,
(b)must be accompanied by a specified document within the meaning of rule 37() (as it extends to Northern Ireland), and
(c)must be delivered to the Chief Electoral Officer—
(i)where the application is made by post, before 4 p.m. on the fourth day before the day of the poll, and
(ii)where the application is made in person, before 4 p.m. on the day before the day of the poll.
(4) If the Chief Electoral Officer—
(a)is satisfied as to P’s identity, and
(b)has no reason to doubt that P has lost, or not received, a postal ballot paper,
the Chief Electoral Officer must issue a tendered postal ballot paper to P in the prescribed manner.
(5) A tendered postal ballot paper must be of a different colour from the other ballot papers.
(6) P, if issued with a tendered postal ballot paper, may mark it, sign it, and send it to the Chief Electoral Officer, in the same manner as a postal ballot paper.
(7) A tendered postal ballot paper which has not been signed, or which does not meet the conditions in rule 45(2) and (2A)(), is void.
(8) On receipt of a tendered postal ballot paper, the Chief Electoral Officer must deal with it in the prescribed manner.
(9) The Chief Electoral Officer must—
(a)endorse each tendered postal ballot paper with the entry in the register of the elector in question, and
(b)set it aside in a separate packet of tendered postal ballot papers.
(10) The Chief Electoral Officer must add the entry in the register of the elector in question to a list (in these rules referred to as the “tendered postal votes list”).
(11) The Chief Electoral Officer must seal the packet of tendered postal ballot papers.
(12) This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) (alteration of registers in Northern Ireland: pending elections)() as if—
(a)in paragraph (1) for “in a register maintained” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”; and
(b)in paragraphs (9)(a) and (10), for “entry in the register of the elector in question” there were substituted “entry relating to the elector in question on a notice issued under section 13BA(9)”.”.
(9) In rule 45 (the count)—
(i)in paragraph (3), at the end insert “or any tendered postal ballot paper”;
(ii)in paragraph (5), after “the tendered votes list” (in both places) insert “and tendered postal votes list”.
(10) In rule 54 (sealing up of ballot papers)(), in paragraph (2), after sub-paragraph (a) insert—
“(aa)tendered postal ballot papers,”.
(11) In rule 55 (delivery of documents to registration officer)(), in paragraph (1)(c), after “the tendered votes lists,” insert “the tendered postal votes lists,”.