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STATUTORY INSTRUMENTS


2006 No. 3412 (C. 128)

REPRESENTATION OF THE PEOPLE

The Electoral Administration Act 2006 (Commencement No. 2, Transitional and Savings Provisions) Order 2006

  Made 18th December 2006 

The Secretary of State, in exercise of the powers conferred by section 77 of the Electoral Administration Act 2006[1], makes the following Order:

Citation and interpretation
     1. This Order may be cited as the Electoral Administration Act 2006 (Commencement No. 2, Transitional and Savings Provisions) Order 2006.

    
2. In this Order "the Act" means the Electoral Administration Act 2006.

Commencement of provisions of the Electoral Administration Act 2006
    
3. Subject to article 6, the day appointed for the coming into force of the provisions of the Act specified in Schedule 1 to this Order is 1 January 2007.

    
4. —(1) The day appointed for the coming into force of the provisions specified in paragraph (2), except so far as they—

is 1 January 2007.

    (2) Section 61 (Regulations of loans etc.) of the Act so far as it provides—

     5. The day appointed for the coming into force of section 29 (Observation of proceedings and working practices) of, and paragraphs 82 to 85 of Schedule 1 to, the Act is 31 January 2007, except so far as they extend to Northern Ireland.

    
6.  Schedule 2 (transitional and savings provisions) shall have effect.



Signed by authority of the Secretary of State


Bridget Prentice
Parliamentary Under Secretary of State Department for Constitutional Affairs

18th December 2006



SCHEDULE 1
Article 3


Provisions of the Act coming into force on 1 January 2007


     1. Section 10 (Anonymous registration).

     2. Section 11(Alterations of registers: pending elections).

     3. Section 14 (Absent voting: personal identifiers).

     4. Sections 32 to 34 (Photographs on ballot papers).

     5. Section 35 (Certain voters entitled to vote in person).

     6. Section 49 (Political party descriptions).

     7. Section 52(4) to (6) (Time for registration of parties fielding candidates) for the purposes of elections to the Scottish Parliament and the National Assembly for Wales within the meaning of section 22(5)(c) and (d) of the 2000 Act[
3].

     8. Section 70 (Time limit for prosecutions).

     9. Section 71 (Restriction on powers of arrest by persons other than constables).

     10. Section 72 (Pre-consolidation amendments).

     11. Section 74 (Miscellaneous amendments and repeals) for the purposes of the provisions specified in paragraphs 12(e) and 13 of this Schedule.

     12. In Schedule 1—

     13. In Schedule 2 the entries relating to—

     14. In relation to England and Wales and Scotland only—

     15. In relation to England and Wales only—



SCHEDULE 2
Article 6


Transitional and savings provisions


Certain provisions not to apply in respect of elections where date of the poll is before 3 May 2007
     1. Sections 11, 17, 18, 19, 20, 21, 22, 23(2) and (4), 24, 26, 28, 30, 31, 36, 37, 38, 41(1) to (3) and (6), 42, 43, 44, 45, 46, 49(3), 66(2) and 68 of the Act and the provisions specified in paragraphs 12(b), (c), and (d), 13(c), 14(bb)(i) to (iv) and (vi), 14(cc)(i) to (vi) and 15(c) of Schedule 1 to this Order, shall not have effect in relation to any election for which the date of the poll specified in the notice of election issued in relation to that election is on or before 2 May 2007.

Anonymous registration
     2. No application may be made under section 9B(1)(a) of the 1983 Act[
18] until 1 June 2007.

Absent voting
     3. Where a person has made an application under paragraph 3(1) or (2), 4(1) or (2), or 7(4) of Schedule 4 to the Representation of the People Act 2000[19] prior to 31 December 2006 that has not been determined on or before 31 December 2006, the registration officer must not grant the application unless the applicant has provided to the registration officer a specimen of their signature and their date of birth.

Control of documents after a parliamentary election
     4. —(1) The amendments made to the 1983 Act by—

of the Act, do not have effect in relation to any documents to which paragraph (2) applies.

    (2) This paragraph applies to any documents which have been or must be forwarded to the Clerk of the Crown on or before 2 May 2007, in accordance with—



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force, in relation to England and Wales, the majority of the provisions of the Electoral Administration Act 2006 that have not yet been commenced. The Order commences certain provisions in relation to Scotland. The Order also brings into force a limited number of provisions in relation to Northern Ireland. In some cases the provisions are brought into force for the limited purposes specified in the Order.

The provisions specified in Schedule 1 are brought into force on 1 January 2007, subject to the transitional and savings provisions made in Schedule 2.

Article 4 brings into force certain parts of section 61(Regulation of loans etc.) on 1 January 2007 in England and Wales and Scotland.

Article 5 brings into force section 29 (Observation of proceedings and working practices) and related provisions of Schedule 1 to the Act on 31 January 2007 in England and Wales and Scotland.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


          

Provision Date of Commencement S.I. No.
Section 9 11.09.2006 2006/1972
Section 15 11.09.2006 2006/1972
Section 23 (partially) 11.09.2006 2006/1972
Section 25 11.09.2006 2006/1972
Section 27 11.09.2006 2006/1972
Section 39 11.09.2006 2006/1972
Section 40 11.09.2006 2006/1972
Section 47 (partially) 11.09.2006 2006/1972
Section 48 11.09.2006 2006/1972
Section 50 11.09.2006 2006/1972
Section 51 11.09.2006 2006/1972
Section 52 (partially) 11.09.2006 2006/1972
Section 53 11.09.2006 2006/1972
Section 54 11.09.2006 2006/1972
Section 55 11.09.2006 2006/1972
Section 56 11.09.2006 2006/1972
Section 57 11.09.2006 2006/1972
Section 60 11.09.2006 2006/1972
Section 61 (partially, England and Wales and Scotland) 11.09.2006 2006/1972, amended by 2006/2268
Section 62 (England and Wales and Scotland) 11.09.2006 2006/1972
Section 64 11.09.2006 2006/1972
Section 65 11.09.2006 2006/1972
Section 67 11.09.2006 2006/1972
Section 74 (partially) 11.09.2006 2006/1972
Schedule 1 (partially) 11.09.2006 2006/1972, amended by 2006/2268
Schedule 2 (partially) 11.09.2006 2006/1972


Notes:

[1] 2006 c. 22.back

[2] The reference is to the Political Parties, Elections and Referendums Act 2000 (c. 41).back

[3] 2000 c. 41.back

[4] 1983 c. 2.back

[5] 1984 c. 60.back

[6] 1985 c. 50.back

[7] 2000 c. 2.back

[8] 1695 c. 25.back

[9] 1707 cap. 8.back

[10] 1969 c. 46.back

[11] 1981 c. 61.back

[12] 2000 c. 41.back

[13] 2004 c. 33.back

[14] 1983 c. 2. The definition of "local government election" in section 203(1) was amended by, and the definition of "Authority election" in section 203(1) was inserted by, the Greater London Authority Act 1999 (c. 29).back

[15] 2000 c.22. Part 2 of that Act was amended by section 158(1) of and paragraph 18 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).back

[16] 1998 c. 38.back

[17] 2006 c. 32.back

[18] 1983 c. 2; section 9B is inserted by section 10 of the Electoral Administration Act 2006 (c. 22).back

[19] 2000 c. 2. Schedule 4 is amended by section 14 of the Electoral Administration Act 2006 (c. 22).back

[20] S.I. 2001/341, amended by S.I. 2006/752 and 2006/2910; there are other amending instruments but none are relevant.back



ISBN 0 11 075559 6


 © Crown copyright 2006

Prepared 28 December 2006


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