Schedule 1

Elections Bill – in the House of Commons at 9:00 pm on 17 January 2022.

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Voter identification

Amendments made: 53, page 65, line 10, after “is” insert

“or has applied to be”.

This amendment and Amendments 54 to 56 enable an application for an electoral identity document to be made by a person at the same time as the person applies to be registered in a register of electors.

Amendment 54, page 65, line 13, after “is” insert

“or has applied to be”.

See the explanatory statement for Amendment 53.

Amendment 55, page 65, line 15, after “vote” insert

“or, as the case may be, will on being registered be entitled to vote,”.

See the explanatory statement for Amendment 53.

Amendment 56, page 65, line 19, after “vote” insert

“or, as the case may be, will on being registered be entitled to vote,”.

See the explanatory statement for Amendment 53.

Amendment 57, page 65, line 21, leave out from “to” to “registered” in line 22 and insert

“a registration officer who maintains a register referred to in subsection (1) in which the applicant is or has applied to be”.

This amendment enables an applicant for an electoral identity document to apply to any electoral registration officer who maintains a register in which the applicant is, or has applied to be, registered.

Amendment 58, page 65, leave out lines 23 to 28.

This amendment leaves out provision that is no longer needed as a result of NS1.

Amendment 59, page 65, leave out lines 34 to 37.

This amendment leaves out provision that is no longer needed as a result of NS1.

Amendment 60, page 66, leave out lines 3 to 5.

This amendment leaves out provision that is no longer needed as a result of NS1.

Amendment 61, page 66, line 27, at end insert—

“(12) Regulations under subsection (10) or (11)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an electoral identity document).”.

This amendment enables functions relating to the content or form of an electoral identity document to be conferred on the Electoral Commission.

Amendment 62, page 66, line 31, after “has” insert “or has applied for”.

This amendment and Amendments 63 to 65 enable an application for an anonymous elector’s document to be made by a person at the same time as the person applies to be registered in a register of electors.

Amendment 63, page 66, line 34, after “has” insert “or has applied for”.

See the explanatory statement for Amendment 62.

Amendment 64, page 66, line 36, after “vote” insert

“or, as the case may be, will on having an anonymous entry in the register be entitled to vote,”.

See the explanatory statement for Amendment 62.

Amendment 65, page 66, line 40, after “vote” insert

“or, as the case may be, will on having an anonymous entry in the register be entitled to vote,”.

See the explanatory statement for Amendment 62.

Amendment 66, page 67, line 1, leave out from “to” to an” in line 2 and insert

“a registration officer who maintains a register referred to in subsection (1) in which the applicant has or has applied for”.

This amendment enables an applicant for an anonymous elector’s document to apply to any electoral registration officer who maintains a register in which the applicant is, or has applied to be, registered.

Amendment 67, page 67, leave out lines 4 to 9.

This amendment leaves out provision that is no longer needed as a result of NS1.

Amendment 68, page 67, leave out lines 15 to 18.

This amendment leaves out provision that is no longer needed as a result of NS1.

Amendment 69, page 67, leave out lines 21 to 23.

This amendment leaves out provision that is no longer needed as a result of NS1.

Amendment 70, page 68, line 5, at end insert—

“(12) Regulations under subsection (10) or (11)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an anonymous elector’s document).”

This amendment enables functions relating to the content or form of an anonymous elector’s document to be conferred on the Electoral Commission.

Amendment 71, page 68, line 5, at end insert—

“(13) Regulations—

(a) may authorise or require a registration officer to remind a person who has an anonymous entry in a register maintained by the officer of the need to obtain an anonymous elector’s document in order to be able to vote in person;

(b) may require a registration officer, in prescribed circumstances, to replace an anonymous elector’s document issued to a person with a new anonymous elector’s document issued by the officer.”

This amendment provides for the making of regulations authorising or requiring a reminder to be sent to an anonymous elector about the need for an anonymous elector’s document for voting in person, and requiring a registration officer to issue the holder of an anonymous elector’s document with a new document in prescribed circumstances.

Amendment 72, page 68, line 6, at end insert—

“(1A) In subsection (2)—

(a) omit the “and” after paragraph (a);

(b) omit paragraph (b).”

This amendment omits from section 13C of the Representation of the People Act 1983 provision that is no longer needed as a result of NS1.

Amendment 73, page 68, leave out lines 9 to 12.

This amendment leaves out provision that is no longer needed as a result of NS1.

Amendment 74, page 69, line 15, at end insert—

“4A In section 56 (registration appeals: England and Wales), in subsection (1), after paragraph (ab) insert—

“(ac) from a determination of a registration officer not to issue—

(i) an electoral identity document following an application under section 13BD, or

(ii) an anonymous elector’s document following an application under section 13BE,”.

4B In section 58 (registration appeals: Northern Ireland), in subsection (1), after paragraph (ba) insert—

“(bb) from a determination of the Chief Electoral Officer not to issue an electoral identity card following an application under section 13C;”.”

This amendment enables an appeal to be made against the refusal of an application for an electoral identity document, an anonymous elector’s document or an electoral identity card.

Amendment 75, page 70, line 28, leave out “56A” and insert “19B, 56A”.

This amendment makes it an offence to fail to comply with a condition imposed by regulations under rule 19B of Schedule 1 to the Representation of the People Act 1983 (inserted by Amendment 76).

Amendment 76, page 70, line 30, at end insert—

“8A After rule 19A insert—

“Date of birth lists for polling stations in Northern Ireland

19B (1) The Chief Electoral Officer for Northern Ireland must prepare the following lists for each polling station—

(a) a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b);

(b) a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to—

(i) section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b), where the person is or will be registered in a register of parliamentary electors in Northern Ireland, or

(ii) section 8(7A) of the Representation of the People Act 1985, where the person is or will be registered in a register of parliamentary electors in Great Britain.

(2) A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at the polling station to make a decision under rule 37(1B)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age).

(3) A person to whom paragraph (4) applies must not, otherwise than in accordance with these rules (including regulations under paragraph (5))—

(a) permit a list prepared under paragraph (1) for a polling station to be inspected;

(b) supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list;

(c) make use of information contained in a list prepared under paragraph (1).

(4) This paragraph applies to—

(a) the Chief Electoral Officer for Northern Ireland;

(b) a person to whom functions are delegated by the Chief Electoral Officer;

(c) the presiding officer of the polling station;

(d) a clerk or other officer appointed to work at the polling station.

(5) Regulations may make provision—

(a) enabling the inspection of a list prepared under paragraph (1) by prescribed persons;

(b) authorising or requiring prescribed persons to supply a copy of a list prepared under paragraph (1) to such persons as may be prescribed;

(c) for the payment of a fee in respect of the inspection of a list or the supply of a copy of a list.

(6) Regulations under paragraph (5)(a) or (b) may impose conditions in relation to—

(a) the inspection of a list;

(b) the supply of a copy of a list;

(c) the purposes for which information contained in a list that is inspected or supplied in pursuance of the regulations may be used.

(7) The conditions that may be imposed by virtue of paragraph (6)(b) include conditions relating to the extent to which a person to whom a copy of a list has been supplied may—

(a) supply the copy to any other person,

(b) disclose to any other person information contained in the copy, or

(c) use any such information for a purpose other than that for which the copy was supplied to the person.

(8) Regulations under paragraph (5) may also impose, in respect of persons to whom a copy of a list has been supplied or information has been disclosed by virtue of paragraph (7), conditions corresponding to those mentioned in paragraph (7).””

This amendment requires the Chief Electoral Officer for Northern Ireland to prepare lists containing the dates of births of electors at polling stations in Northern Ireland and of proxies appointed to vote for such electors, and makes provision about disclosure of such lists.

Amendment 77, page 71, line 30, at end insert—

“(1A) In paragraph (3), after sub-paragraph (e) insert—

(f) in the case of an election held in Northern Ireland, the lists prepared for the polling station under rule 19B.”

This amendment requires the Chief Electoral Officer for Northern Ireland to provide to a polling station the date of birth lists prepared under rule 19B (inserted by Amendment 76).

Amendment 78, page 73, line 34, leave out

“section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act”

and insert

“a relevant provision (see paragraph (1DC))”.

This amendment and Amendment 79 enable a date of birth check to be made where a person who is registered in a register of parliamentary electors in Great Britain is voting as proxy for an elector at a parliamentary election in Northern Ireland.

Amendment 79, page 74, line 17, at end insert—

“(1DC) For the purposes of paragraph (1B)(a)(ii), “relevant provision” means—

(a) where the voter is registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act, and

(b) where the voter is registered in a register of parliamentary electors in Great Britain, section 8(7A) of the Representation of the People Act 1985.”

See the explanatory statement for Amendment 78.

Amendment 80, page 76, line 8, after “document” insert

“, except in the case of a voter with an anonymous entry in the register of electors (as to which see paragraph 1IB),”.

This amendment, together with Amendments 83 and 85, clarify that the only form of photo identification that may be used by a voter who has an anonymous entry in the register is a current anonymous elector’s document issued under section 13BE of the Representation of the People Act 1983.

Amendment 81, page 76, line 9, leave out

“and regardless of any expiry date”.

See the explanatory statement for Amendment 86.

Amendment 82, page 76, leave out lines 26 to 40 and insert—

“(h) a relevant concessionary travel pass (see paragraph (1IA));”.

This amendment and Amendment 84 set out the full list of concessionary travel passes that may be used for the purposes of obtaining a ballot paper at a polling station.

Amendment 83, page 77, leave out lines 3 to 6.

See the explanatory statement for Amendment 80.

Amendment 84, page 77, line 15, at end insert—

“(1IA) In paragraph (1H)(h), “relevant concessionary travel pass” means a concessionary travel pass listed in the second column of the following table—

passes funded by the Government of the United Kingdoman Older Person’s Bus Passa Disabled Person’s Bus Passan Oyster 60+ carda Freedom Pass
passes funded by the Scottish Governmentthe National Entitlement Card
passes funded by the Welsh Governmenta 60 and Over Welsh Concessionary Travel Carda Disabled Person’s Welsh Concessionary Travel Card
passes issued under the Northern Ireland Concessionary Fares Schemea Senior SmartPassa Registered Blind SmartPass or Blind Person’s SmartPassa War Disablement SmartPass or War Disabled SmartPassa 60+ SmartPassa Half Fare SmartPass.

See the explanatory statement for Amendment 82.

Amendment 85, page 77, line 15, at end insert—

“(1IB) In this rule a “specified document”, in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document issued to the voter under section 13BE which—

(a) was issued by an appropriate registration officer, and

(b) contains the voter’s current electoral number.

(1IC) For the purposes of paragraph (1IB)—

“appropriate registration officer” means—

(a) the registration officer for the constituency in which the election is being held, or

(b) where the election is being held in a constituency for which there is more than one registration officer, any of those officers;

a voter’s “electoral number” is the number—

(a) allocated to the voter as stated in the copy of the register of electors, or

(b) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.”

See the explanatory statement for Amendment 80. This new paragraph for rule 37 of Schedule 1 to the Representation of the People Act 1983 would be inserted immediately after paragraph (1IA) inserted into that rule by Amendment 84.

Amendment 86, page 77, line 15, at end insert—

“(1ID) A reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it (subject to paragraph (1IE)).

(1IE) Paragraph (1ID) does not apply to a document which—

(a) is referred to in paragraph (1H)(k) or (1IB), and

(b) in accordance with regulations made by virtue of section 13BD or 13BE (as the case may be), is issued for use only at a particular poll or at particular polls being held on the same day.”

This amendment provides that while most documents listed in rule 37(1H) (inserted by the Bill) may be used regardless of any expiry date, that does not apply to certain documents that have been issued for a limited period. These new paragraphs would be inserted immediately after paragraph (1IC) inserted by Amendment 85.

Amendment 87, page 77, leave out lines 18 to 23 and insert—

“(1K) Regulations may make provision varying paragraph (1H), (1I) or (1IA) by—

(a) adding a reference to a document to any of those paragraphs,

(b) removing a reference to a document from any of those paragraphs (other than the document referred to in paragraph (1H)(k)), or

(c) varying any description of document referred to in any of those paragraphs.”

This amendment clarifies that the power to vary the list of acceptable forms of photo identification extends to varying the lists in rule 37(1I) (inserted by the Bill) and the list in paragraph (1IA) (inserted by Amendment 84).

Amendment 88, page 77, line 32, leave out sub-paragraph (5) and insert—

“(5) In paragraph (2), omit the words from “and only” to the end.”

This amendment corrects an error relating to the Amendment of rule 37(2) of Schedule 1 to the Representation of the People Act 1983.

Amendment 89, page 82, line 16, at end insert—

“(dc) in the case of an election held in Northern Ireland, the lists provided to the polling station under rule 29(3)(f),”.

This amendment requires the date of birth lists provided to a polling station in Northern Ireland under rule 29(3)(f) (inserted by Amendment 77) to be sealed and delivered to the returning officer after the close of the poll for a parliamentary election in Northern Ireland.

Amendment 90, page 82, line 16, at end insert—

“22A After rule 53A insert—

“Destruction of date of birth lists: Northern Ireland

53B The Chief Electoral Officer for Northern Ireland must destroy the lists provided to the polling station under rule 29(3)(f)—

(a) on the next working day following the 21st day after the Chief Electoral Officer has returned the name of the member elected, or

(b) if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.””—(Kemi Badenoch.)

This amendment requires the Chief Electoral Officer for Northern Ireland to destroy the date of birth lists provided to a polling station under rule 29(3)(f) (inserted by Amendment 77) within a particular period after the close of the poll for a parliamentary election in Northern Ireland.