Commentary on Sections Part 2: Administration and Conduct of Elections etc Section 16: Alteration of electoral registers: pending elections
59.Section 16 amends the 1983 Act to add a new section 13AB which provides for there to be two interim publication dates where an election is pending on which notices of alteration to the electoral register must be published.
60.At present, section 13B of the 1983 Act provides that in addition to the monthly alterations to the electoral register published under section 13A, where an election is pending there is to be a further notice of alteration to the register published on the 5th or 6th day before the poll (the day being at the discretion of the registration officer). This ensures that there is a final update to the register which can be used for the poll.
61.However, there may be a significant period between the previous monthly notice of alteration and the final register. Postal ballots can only be sent to electors on the register, and cannot therefore be issued until an elector appears on the register or an alteration to it. Therefore even under a longer electoral timetable many voters could not be sent postal ballots until less than 5 days before the election. To help realise the full benefits of a longer timetable, new section 13AB therefore requires an additional notice of alteration to the register to be published on the final day for delivery of nominations (normally the 19th day before the poll). Section 13AB will also require a further notice of alteration between 19 and 6 days before the poll, the exact timing of which will be at the discretion of the registration officer. The additional notices of alteration will enable more postal ballot papers to be issued earlier.
62.New section 13AB is concerned with the alteration of registers pending certain elections in Great Britain. Where a registration officer is satisfied that an entry should be made in, or removed from, the register new section 13AB requires that on the interim publication date the registration officer must publish a notice specifying the appropriate alteration in the electoral register. The alterations would be those required as a result of the circumstances covered by subsection (1) of section 13AB. Subsection (3) states that the alteration takes effect from the beginning of the interim publication date.
63.Subsections (4), (5) and (6) of new section 13AB establish that there are two interim publication dates. The first interim publication date is the last day on which nomination papers may be delivered to the returning officer. The second interim publication date is to be determined by the registration officer but it must be in the period after the first interim publication date and before the appropriate publication date. The appropriate publication date is the date on which the final version of the register (to be used for the poll) is published. This appropriate publication date is defined in subsection (5) of section 13B of the 1983 Act, and is either the fifth or sixth day before the poll as determined by the registration officer.
64.Subsection (7) of section 13AB defines “relevant provision” which is referred to in subsection (1)(c). A notice of alteration need not be made on the first interim publication date where an alteration has already taken effect, or is due to take effect, under section 13A(2). A notice of alteration need not be made on the second interim publication date where one has already taken effect, or is due to take effect, under section 13A(2), or on the first interim publication date.
65.Subsection (8) provides that section 13AB applies to Parliamentary elections in England, Wales and Scotland; to elections to the European Parliament in England, Wales and Scotland; to elections to the Scottish Parliament; to elections to the National Assembly for Wales; to local government elections in England, Wales and Scotland; and to elections of police and crime commissioners in England and Wales. Subsection (9) applies the interpretation provisions at subsections (5) and (6) of section 13B of the 1983 Act to this section. Section 13B(5) defines in particular the appropriate publication date (referred to in paragraph 63 above), and section 13B(6) applies section 119 of the 1983 Act for the purposes of the computation of time.
66.Subsections (4) and (5) make a number of consequential amendments to provisions in the 1983 Act which are necessary as a result of the new section 13AB.