Office of Public Sector Information
PART 6 continued
(2) The right conferred on a representative of the Commission by this section is subject to any enactment which regulates attendance at the proceedings in question.
(3) In this section, “representative of the Commission” means any of the following—
(a) a member of the Commission;
(b) a member of staff of the Commission;
(c) a person appointed by the Commission for the purposes of this section.
(4) A reference to the relevant counting officer must be construed—
(a) if the area to which the proceedings relates is in Great Britain, in accordance with section 128(3);
(b) if the area to which the proceedings relates is Northern Ireland, as a reference to the Chief Electoral Officer for Northern Ireland.
(5) The elections specified in this subsection are—
(a) an election mentioned in section 5(2);
(b) a parliamentary by-election;
(c) an election under section 9 of the Scotland Act 1998 (constituency vacancies);
(d) an election under section 8 of the Government of Wales Act 1998 (vacancies in constituency seats);
(e) a local government election in England or Wales;
(f) a local election in Northern Ireland.
(1) A representative of the Commission may observe the working practices of any of the following—
(a) an electoral registration officer;
(b) a returning officer;
(c) a relevant counting officer;
(d) any person acting under the direction of a person mentioned in paragraphs (a) to (c).
(2) In this section—
(a) “relevant counting officer”, and
(b) “representative of the Commission”,
must be construed in accordance with section 6A.
(3) This section does not permit the observation of working practices which relate only to a local government election in Scotland.
(1) A person who is aged 16 or over may apply to the Commission to be an accredited observer at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—
(a) proceedings at the issue or receipt of postal ballot papers;
(b) proceedings at the poll;
(c) proceedings at the counting of votes.
(2) If the Commission grant the application, the accredited observer may attend the proceedings in question.
(3) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F.
(4) The Commission may at any time revoke the grant of an application under subsection (1).
(5) If the Commission—
(a) refuse an application under subsection (1), or
(b) revoke the grant of any such application,
they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.
(6) The right conferred on an accredited observer by this section is subject to any enactment which regulates attendance at the proceedings in question.
(1) An organisation may apply to the Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—
(a) proceedings at the issue or receipt of postal ballot papers;
(b) proceedings at the poll;
(c) proceedings at the counting of votes.
(2) If the Commission grant the application the organisation may nominate members who may attend the proceedings in question.
(3) The Commission, in granting an application under this section, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section.
(4) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F.
(5) The Commission may at any time revoke the grant of an application under subsection (1).
(6) If the Commission—
(a) refuse an application under subsection (1), or
(b) revoke the grant of any such application,
they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.
(7) The right conferred by this section is subject to any enactment which regulates attendance at the proceedings in question.
(1) A relevant officer may limit the number of persons who may be present at any proceedings at the same time in pursuance of section 6C or 6D.
(2) If a person who is entitled to attend any proceedings by virtue of section 6C or 6D misconducts himself while attending the proceedings, the relevant officer may cancel the person’s entitlement.
(3) Subsection (2) does not affect any power a relevant officer has by virtue of any enactment or rule of law to remove a person from any place.
(4) A relevant officer is—
(a) in the case of proceedings at a polling station, the presiding officer;
(b) in the case of any other proceedings at an election, the returning officer;
(c) in the case of any other proceedings at a referendum, the relevant counting officer (within the meaning of section 6A);
(d) such other person as a person mentioned in paragraph (a), (b) or (c) authorises for the purposes of the proceedings mentioned in that paragraph.
(1) The Commission must prepare a code of practice on the attendance of—
(a) representatives of the Commission,
(b) accredited observers, and
(c) nominated members of accredited organisations,
at elections specified in subsection (5) of section 6A and referendums to which Part 7 applies.
(2) The code must in particular—
(a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission;
(b) specify the criteria to be taken into account by the Commission in determining such applications;
(c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;
(d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;
(e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election or referendum as it relates to a person having such permission;
(f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.
(3) The code may make different provision for different purposes.
(4) Before preparing the code, the Commission must consult the Secretary of State.
(5) The Commission must lay the code before each House of Parliament.
(6) The Commission must publish the code (in such manner as the Commission may determine).
(7) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—
(a) the Commission;
(b) representatives of the Commission;
(c) relevant officers (within the meaning of section 6E);
(d) relevant counting officers.
(8) The Commission may at any time revise the code.
(9) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.
(10) In this section—
(a) “accredited observer” must be construed in accordance with section 6C;
(b) “accredited organisation” must be construed in accordance with section 6D, and “nominated member” must be construed accordingly;
(c) “relevant counting officer” must be construed in accordance with section 6A;
(d) “representative of the Commission” has the same meaning as in section 6A.”
(1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
(2) In rule 19 (the ballot papers)—
(a) in paragraph (2), omit sub-paragraph (d);
(b) after paragraph (3) insert—
“(4) The Secretary of State may in regulations—
(a) prescribe a different form of ballot paper from that in the Appendix;
(b) amend or replace the directions as to printing the ballot paper in the Appendix;
(c) in consequence of anything done for the purposes of paragraph (a) or (b), amend or replace the Form of directions for the guidance of the voters in voting in the Appendix.”
(3) In the Appendix of forms, in the Directions as to printing the ballot paper, after paragraph 2A insert—
“2B Nothing in paragraph 2 prohibits the face of the ballot paper containing more than one column of numbers, candidates particulars and spaces where the vote is to be marked if the returning officer thinks it is appropriate for the ballot paper to be printed with more than one column, but in such a case each column must be separated by a double vertical rule.”
(1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
(2) After rule 19 insert—
19A (1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).
(2) The list shall be in such form as the Secretary of State in regulations prescribes.”
(3) In rule 29 (equipment of polling stations), in paragraph (3), after sub-paragraph (d) insert—
“(e) a list consisting of that part of the list prepared under rule 19A which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.”
(4) In rule 43 (procedure on close of poll)—
(a) in paragraph (1), after sub-paragraph (d) insert—
“(da) the lists prepared under rule 19A, including the parts which were completed in accordance with rule 37(1)(b) and (d) (together referred to in these rules as “the completed corresponding number lists”);”;
(b) in paragraph (1)(e) omit “the counterfoils of the used ballot papers and”;
(c) in paragraph (2) for “counterfoils of the used ballot papers and” substitute “completed corresponding number lists or”.
(5) In rule 54 (sealing up of ballot papers), for paragraph (2) substitute—
“(2) The returning officer shall not open the sealed packets of—
(a) tendered ballot papers,
(b) the completed corresponding number lists,
(c) certificates as to employment on duty on the day of the poll, or
(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.”
(6) In rule 55 (delivery of documents), in paragraph (1)—
(a) after sub-paragraph (c) insert—
“(ca) the packets of the completed corresponding number lists,”;
(b) in sub-paragraph (d) omit “counterfoils and”.
(7) In rule 56 (orders for production of documents)—
(a) in paragraph (1)(b) for “counterfoils and” substitute “the completed corresponding number lists or of”;
(b) in paragraph (2) for “counterfoils and” substitute “the completed corresponding number lists or of”;
(c) in paragraph (3) for “counterfoils and” substitute “the completed corresponding number lists or of”;
(d) for paragraph (7) substitute—
“(7) The production from proper custody of—
(a) a ballot paper purporting to have been used at any election, and
(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,
shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13B(3B) or (3D) of this Act) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b).”;
(e) in paragraph (8) for “counterfoils and” substitute “the completed corresponding number lists or of”.
(8) In rule 57 (retention and public inspection of documents), for paragraph (2) substitute—
“(2) The documents mentioned in paragraphs (1) and (1A) except—
(a) ballot papers,
(b) the completed corresponding number lists,
(c) certificates as to employment on duty on the day of the poll,
shall be open to public inspection.”
(9) In the Appendix of forms—
(a) in the Form of Front of Ballot Paper omit “Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper”;
(b) in the Form of Back of Ballot Paper omit “Note.— The number on the ballot paper is to correspond with that on the counterfoil”.
(1) This section applies if a local authority makes a proposal that an order be made under subsection (2) applying to particular local government elections held in its area.
(2) The Secretary of State may by order (a pilot order) make provision for the purposes of enabling ballot papers issued at such local government elections as are specified in the order to contain photographs of the candidates.
(3) A pilot order may include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order.
(4) The Secretary of State must not make a pilot order unless he first consults the Electoral Commission.
(5) A pilot order may make provision implementing the local authority’s proposal—
(a) without modification, or
(b) with such modifications as the Secretary of State and the local authority agree between them.
(6) If the Secretary of State makes a pilot order—
(a) he must send a copy of it to the local authority and to the Electoral Commission, and
(b) the local authority must publish the order in their area in such manner as they think fit.
(7) A pilot order may be amended or revoked by a further order.
(8) The Secretary of State may reimburse a returning officer for any expenditure necessarily incurred by him in consequence of the making of a pilot order.
(9) A local authority is—
(a) in England, a county council, a district council, a London borough council or the Greater London Authority;
(b) in Wales, a county council or a county borough council.
(10) In this section—
(a) “local government election” must be construed in accordance with section 203(1) of the 1983 Act;
(b) a reference to the area of a local authority must be construed in accordance with the definition of “local government area” in that subsection.
(1) After any elections specified in a pilot order have taken place, the Electoral Commission must prepare a report on the operation of the order.
(2) The report must contain, in particular—
(a) a description of the way in which the provision made by the order differed from the provisions which would otherwise have applied to the election or elections;
(b) a copy of the order;
(c) an assessment of the success or otherwise of the order in assisting voters to make informed decisions at the election or elections in question;
(d) an assessment of the success or otherwise of the order in encouraging voting at the election or elections in question;
(e) an assessment of whether the procedures provided for in the order operated satisfactorily.
(3) An assessment under subsection (2)(c) must include a statement of whether, in the opinion of the Commission, the inclusion of photographs on the ballot paper—
(a) assisted voters in marking their papers with a vote for a candidate (or with votes for candidates) for whom they had decided to vote on grounds other than the candidates' appearance;
(b) resulted in voters being influenced (or more influenced) by the appearance of candidates in deciding for whom to vote.
(4) An assessment under subsection (2)(d) must include a statement of whether, in the opinion of the Commission, the turnout of voters was higher than it would have been if the order had not applied.
(5) An assessment under subsection (2)(e) must include a statement of—
(a) whether the candidates and their agents found the procedures provided for in the order easy to use;
(b) whether the returning officer found those procedures easy to administer;
(c) whether those procedures had any effect on the incidence of malpractice (whether or not amounting to an offence) in connection with elections;
(d) the amount of any increase attributable to those procedures in the resources applied by the authority concerned to the election or elections.
(6) In making an assessment under subsection (2)(c), (d) or (e), the Commission must also apply such other criteria as are specified in the order in relation to that assessment.
(7) The local authority must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report.
(8) The assistance may include—
(a) making arrangements for ascertaining the views of electors about the operation of the provisions of the order;
(b) reporting to the Commission allegations of electoral offences or other malpractice.
(9) The Commission must, before the end of the period of three months beginning with the date of the declaration of the result of the election or elections in question, send a copy of the report—
(a) to the Secretary of State, and
(b) to the local authority.
(10) The local authority must publish the report in their area in such manner as they think fit.
(11) In this section “pilot order” and “the local authority” must be construed in accordance with section 32.
(1) This section applies if the Secretary of State thinks, in the light of a report made under section 33 on the operation of a pilot order under section 32, that it would be desirable for provision similar to that made by the order to apply generally, and on a permanent basis, in relation to—
(a) parliamentary elections;
(b) local government elections in England and Wales;
(c) any description of election falling within paragraph (a) or (b).
(2) The Secretary of State may by order make provision for the purposes of enabling ballot papers issued at such elections (mentioned in subsection (1)) as are specified in the order to contain photographs of the candidates.
(3) The Secretary of State must not make an order under subsection (2) unless he first consults the Electoral Commission.
(4) An order under subsection (2) may—
(a) include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order;
(b) create or extend the application of an offence.
(5) An order under subsection (2) must not create an offence punishable—
(a) on conviction on indictment, with imprisonment for a term exceeding one year;
(b) on summary conviction, with imprisonment for a term exceeding 51 weeks or with a fine exceeding the statutory maximum.
(6) The power to make an order under subsection (2) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
(7) The reference to local government elections must be construed in accordance with section 32.
(8) If an order under subsection (2) is made before the date of commencement of section 281(5) of the Criminal Justice Act 2003, then in relation to any offence committed before that date the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.
(9) In its application to Scotland and Northern Ireland, the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.
(1) Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting in Great Britain) is amended as follows.
(2) After paragraph 2(5) insert—
“(5A) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote—
(a) in person (where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or
(b) by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).”
(3) In paragraph 2(6), omit paragraph (a) and the “or” following it.
(4) This section does not apply to local government elections in Scotland (within the meaning of the 1983 Act).
In the 1983 Act, in Part 5, before section 200 (public notices and declarations) insert—
(1) Subsections (2) and (3) below apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a parliamentary or local government election.
(2) The person who is required or authorised to give or display the document must, as he thinks appropriate, give or display or otherwise make available in such form as he thinks appropriate—
(a) the document in Braille;
(b) the document in languages other than English;
(c) graphical representations of the information contained in the document;
(d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.
(3) The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate.
(4) Subsections (2) and (3) above do not apply to—
(a) the nomination paper;
(b) the ballot paper.
(5) The returning officer at a parliamentary election or a local government election may cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper.
(6) The sample copy mentioned in subsection (5) above—
(a) in the case of a parliamentary election or a local government election where only one candidate is to be elected, must have printed the words “VOTE FOR ONE CANDIDATE ONLY” both at the top and immediately below the list of candidates,
(b) in the case of a local government election where more than one candidate is to be elected, must have printed the words “VOTE FOR NO MORE THAN [here insert the maximum number of candidates to be elected] CANDIDATES” both at the top and immediately below the list of candidates, and
(c) in each case, below the second occurrence of those words, may include a translation of those words into such other languages as the returning officer thinks appropriate.
(7) The returning officer at a parliamentary election or a local government election must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.
(8) The sample copy mentioned in subsection (7) above must be clearly marked as a specimen provided only for the guidance of voters.
(9) In the application of subsection (2)(b) to Northern Ireland any question as to whether a person is to give or display or otherwise make available a document in a language other than English is to be decided by the returning officer.
(10) This section does not apply to a local government election in Scotland.”
In Schedule 1 to the 1983 Act, for rule 24 (postal ballot papers) substitute—
“24 (1) The returning officer shall, in accordance with regulations, issue to those entitled to vote by post—
(a) a ballot paper;
(b) at an election held in England and Wales or Scotland, a postal voting statement in the prescribed form;
(c) at an election held in Northern Ireland, a declaration of identity in the prescribed form;
together with such envelopes for their return as may be prescribed.
Electoral Administration Act 2006