Electoral Administration Act 2006

JurisdictionUK Non-devolved
Citation2006 c. 22


Electoral Administration Act 2006

2006 c. 22

An Act to make provision in relation to the registration of electors and the keeping of electoral registration information; standing for election; the administration and conduct of elections and referendums; and the regulation of political parties.

[11 July 2006]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Co-ordinated on-line record of electors

Part 1

Co-ordinated on-line record of electors

S-1 CORE schemes: establishment

1 CORE schemes: establishment

(1) The Secretary of State may by order make provision for the establishment of one or more schemes (CORE schemes) in connection with the keeping and use of specified electoral registration information by a person designated by a scheme (the CORE keeper).

(2) The electoral registration officer (ERO) who acts for an area specified in a scheme must provide the CORE keeper with the specified electoral registration information relating to the area.

(3) A scheme must require the ERO—

(a)

(a) to provide the CORE keeper with the information, and

(b)

(b) to update the information,

at such times and in such manner as is provided for by the scheme.

(4) In particular, a scheme may require the ERO to provide the information and update it in a specified electronic form.

(5) The CORE keeper must keep the information in such form and by such means as is specified by or under the scheme.

(6) In particular, a scheme may—

(a)

(a) require the CORE keeper to maintain the information in a specified electronic form;

(b)

(b) specify how other information required (by or under any enactment) to be kept in connection with the information is to be recorded and stored in that form.

(7) The area for which an ERO acts must not be specified in more than one scheme at the same time.

(8) The Secretary of State may by order vary a scheme—

(a)

(a) by specifying a new area;

(b)

(b) by removing the specification of an area;

(c)

(c) in such other respects as he thinks appropriate.

(9) The Secretary of State may by order terminate a CORE scheme and an order under this subsection may make such provision as the Secretary of State thinks necessary or expedient in connection with the termination of the scheme.

(10) The person designated as a CORE keeper must be a public authority.

(11) Specified electoral registration information is a copy of such of the following information as is specified in the CORE scheme—

(a)

(a) the register of electors for any election;

(b)

(b) any list or other record relating to such a register which the ERO is required or authorised to keep under or by virtue of any enactment;

(c)

(c) any other information relating to a person who has an entry on such a register which is required for electoral purposes or in connection with jury service;

(d)

(d) such other information as the Secretary of State specifies being information which he thinks is necessary or expedient to facilitate the effective operation of the scheme.

S-2 Use of CORE information

2 Use of CORE information

(1) A CORE scheme may authorise or require a CORE keeper to take such steps as are specified in the scheme in relation to information kept by him in pursuance of the scheme.

(2) Regulations under—

(a)

(a) section 53(4) of the 1983 Act,

(b)

(b) paragraphs 10A to 11A of Schedule 2 to that Act, and

(c)

(c) paragraph 13 of that Schedule, so far as relating to paragraphs 10A to 11A,

have effect in relation to a CORE keeper and any information kept by him in pursuance of a CORE scheme as they have effect in relation to an ERO and any registers he is required to maintain under that Act.

(3) A CORE scheme may make such modifications of the regulations mentioned in subsection (2) in their application to a CORE keeper or the information kept by him as the Secretary of State thinks appropriate.

(4) Section 42 applies to a CORE keeper as if—

(a)

(a) he were a relevant officer (within the meaning of section 44), and

(b)

(b) the information kept by him which consists in copies of relevant election documents (within the meaning of that section) were documents relating to an election which he is required by or under any enactment to retain for any period.

(5) The CORE keeper must, in accordance with the scheme, inform an ERO if he thinks that any of the circumstances mentioned in subsection (6) have arisen in in relation to—

(a)

(a) a person who is registered in respect of an address on a register which the ERO is required to maintain, or

(b)

(b) an address in relation to which there is an entry on such a register.

(6) These are the circumstances—

(a)

(a) a person who is registered in respect of an address on a register which the ERO is required to maintain is also registered on a register in respect of another address (whether on the same or a different register);

(b)

(b) more than such number of postal votes as is specified in the scheme is requested for the same redirection address;

(c)

(c) the same person acts as proxy for more than two electors;

(d)

(d) a person votes more than once (other than as proxy) at the same election.

(7) The CORE keeper—

(a)

(a) must provide the ERO with other information of such description as is specified in the scheme relating to a person mentioned in subsection (5)(a);

(b)

(b) may provide the ERO with such other information relating to the person as he thinks is relevant to the exercise by the ERO of his functions.

(8) If a CORE scheme makes provision which allows an elector to have access to information relating to him which is kept by the CORE keeper, the scheme must also make provision to enable the elector to request any changes to the information.

(9) The CORE keeper must pass any such request to every ERO whose register he thinks may fall to be altered in consequence of the request.

(10) A CORE scheme—

(a)

(a) must not permit an elector to request a change to information relating to any other elector, but

(b)

(b) may permit an elector who is resident at the same address as another elector to confirm for the purposes of an annual canvass under section 10 of the 1983 Act that the information relating to the other elector is correct.

(11) Except for the purposes of subsections (5) to (7) and (9), a CORE scheme must not authorise an ERO to have access to information provided to the CORE keeper by a different ERO.

(12) In subsections (5) to (7) and (9) an ERO includes an ERO who acts for an area which is not specified in a CORE scheme.

(13) A redirection address is an address in respect of which the person is not registered.

S-3 CORE scheme grants

3 CORE scheme grants

(1) The Secretary of State may pay grant to a CORE keeper towards expenditure incurred or to be incurred by him in connection with the exercise of his functions under the scheme.

(2) The amount of such a grant and the manner of its payment are to be such as the Secretary of State decides.

(3) Such a grant may be paid subject to such conditions as the Secretary of State decides.

(4) The conditions may include conditions as to the circumstances in which the whole or any part of the grant is to be repaid.

S-4 Electoral Commission

4 Electoral Commission

(1) After section 20 of the 2000 Act (transfer of functions of Local Government Boundary Commission for Wales) insert—

Commission’s functions relating to CORE

20A. Commission as CORE keeper

The Commission may be designated as a CORE keeper for the purposes of section 1 of the Electoral Administration Act 2006.”

(2) If the Secretary of State designates the Electoral Commission as a CORE keeper, any grant which is paid to the Commission in pursuance of section 3 above must be treated as income received by the Commission for the purposes of paragraph 14(1) of Schedule 1 to the 2000 Act.

S-5 CORE schemes: supplemental

5 CORE schemes: supplemental

(1) A CORE scheme may make provision as to circumstances in which a payment is to be made—

(a)

(a) by the CORE keeper to an ERO whose area is specified in the scheme;

(b)

(b) by such an ERO to the CORE keeper.

(2) A CORE scheme may make provision—

(a)

(a) as to circumstances in which the CORE keeper and such an ERO may agree that functions of one of them may be exercised by the other;

(b)

(b) for functions of the CORE keeper to be exercised by such an ERO;

(c)

(c) for functions of such an ERO to be exercised by the CORE keeper.

(3) A CORE scheme may make provision as to—

(a)

(a) the circumstances in which the CORE keeper may make a charge for the provision of services or information to any person;

(b)

(b) the level of any such charge.

(4) A CORE scheme may make provision as to the steps to be taken by the CORE keeper in circumstances where a constituency is not wholly situated in the area for which an ERO whose area is specified in the scheme acts.

(5) Provision under subsection (4) may—

(a)

(a) apply with such modifications as are specified in the scheme regulations made in pursuance of paragraph 1(1) of Schedule 2 to the 1983 Act, or

(b)

(b) make provision as to the arrangements to be made in relation to the exercise by the CORE keeper of his functions under the scheme in the circumstances mentioned in that subsection.

(6) If a CORE keeper obtains any information which an ERO is required or authorised to obtain for the purposes of any provision of—

(a)

(a) section 10, 10A or 13A of the 1983 Act (maintenance of registers), or

(b)

(b) Schedule 4 to the Representation of the People Act 2000 (c. 2)(absent voting),

the CORE scheme may provide that any requirement of that provision for a person to provide a personal identifier in the form of the person’s signature is to be...

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