European Parliamentary and Local Elections (Pilots) Act 2004
| Jurisdiction | UK Non-devolved |
| Citation | 2004 c. 2 |
| Year | 2004 |
only by postal voting, and (for that purpose) ;in accordance with provision made by the Secretary of State by order (a pilot order) .the European Parliamentary general election of 2004 in a pilot region;a local government election in England and Wales if the poll at such an election is combined with the poll at an election mentioned in paragraph (a) .North East;East Midlands;Yorkshire and the Humber;North West.the ballot paper, andthe completed declaration of identity form.by the person to whom the ballot paper is addressed, andby a witness to that signing whose name and address are clearly marked on the form.outside the presence of any other person, orin the case of a voter who requires assistance, in accordance with such advice as is provided for in the pilot order.may modify or disapply any provision made by or under a relevant enactment;may contain such consequential, incidental, supplementary or transitional provision or savings (including provision amending, replacing, suspending or revoking provision made by or under any enactment) as the Secretary of State thinks appropriate;may make different provision for different purposes.(1) This section has effect in relation to a pilot order.(2) A pilot order may make provision for conduct which differs from that provided for by or under a relevant enactment.(3) The pilot order must specify the form and content of the declaration of identity form.to such persons or organisations as are specified in the order or are of such descriptions as are so specified, andat such times and in such circumstances as are so specified.(5) Polling progress information is information as to the electors by whom it appears to the returning officer at the time the information is provided that a vote has been cast.(6) For the purposes of subsection (5) the returning officer must be taken not to have seen the contents of any ballot paper.(7) The returning officer is the person who is described as such in the order.each relevant local authority in the region;the Electoral Commission;the person who is by virtue of section 6 of the European Parliamentary Elections Act 2002 (c. 24) the returning officer for the region.(9) A local authority to whom a copy of a pilot order is sent must publish the order in their area in such manner as they think fit.(10) The Secretary of State must not make a pilot order unless he first consults the Electoral Commission.(11) It is immaterial whether such consultation occurs before or after the passing of this Act.
Section 10 of the Representation of the People Act 2000 (c. 2) (pilot schemes for local elections in England and Wales) does not apply to a local government election if the poll at the election is to be taken on the same day as the poll at the European Parliamentary general election of 2004. (1) After a pilot election has been held, the Electoral Commission must prepare a report in relation to it.(2) For the purposes of subsection (1) the Electoral Commission must consult the council for every county and district in the region in which the pilot election was held.(3) Every relevant local authority in the region must give the Commission such assistance as they may reasonably require in connection with the preparation of the report.making arrangements for ascertaining the views of electors about the administration of the election;reporting to the Commission allegations of personation and of other electoral offences or malpractice.(5) The report must include a copy of the pilot order.facilitated voting at the election;encouraged voting at the election;affected the incidence of personation or other electoral offences or malpractice;assisted the counting of votes at the election;provided opportunities for savings in the costs of administering the election or led to any increase in such costs.(7) For the purposes of subsection (6) (a) the report must include a statement of the number of ballot papers which appear to the returning officer to have been delivered to him during the period of one week starting with the day after the date on which the poll closed.provided sufficient safeguards against fraud;provided appropriate protection for the secrecy of the ballot.its effect on the campaigning of candidates and political parties;the use made by candidates and political parties of the information;the views of electors and political parties about the provision of the information (including views as to its effect on turnout of voters and use of the information by candidates and political parties) ;its effect on the conduct and administration of the election.the turnout of voters was higher than it would otherwise have been;electors found the procedures provided for their assistance easy to use.send a copy of the report to the Secretary of State, andpublish the report in such manner as they think fit.(12) The returning officer is the person who is described as such in the pilot order.(13) This section does not affect the duty of the Electoral Commission to prepare and publish under section 5 of the Political Parties, Elections and Referendums Act 2000 (c. 41) a report on the administration of the election.(1) If a report is made under section 4 above on the conduct of a local government election section 11 of the Representation of the People Act 2000 (c. 2) (revision of procedures in the light of pilot schemes)
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