SCHEDULES

SCHEDULE 2Sharing and checking information etc

Section 2

1I1

Schedule 2 to the Representation of the People Act 1983 (provisions which may be contained in regulations as to registration etc) is amended as follows.

2I2

After paragraph 1 insert—

1A

1

Provision authorising or requiring a person to disclose information to another person for the purpose of assisting a registration officer in Great Britain—

a

to verify information relating to a person who is registered in a register maintained by the officer or who is named in an application for registration in, or alteration of, a register,

b

to ascertain the names and addresses of people who are not registered but who are entitled to be registered, or

c

to identify those people who are registered but who are not entitled to be registered.

2

Provision made under sub-paragraph (1) may authorise or require the person to whom the information is disclosed—

a

to compare it with other information;

b

to disclose the results of the comparison to a registration officer for the purpose mentioned in that sub-paragraph.

3

The provision that may be made under sub-paragraph (1) or (2) includes provision—

a

conferring other functions on a person;

b

authorising the Secretary of State to make grants to a person on whom functions are conferred;

c

authorising a person to disclose or otherwise process information only in accordance with an agreement;

d

authorising or requiring a person to disclose or otherwise process information only in accordance with requirements imposed by the Secretary of State;

e

regulating the manner in which information is disclosed;

f

requiring the retention or disposal, or otherwise regulating the processing, of information disclosed.

4

Provision made under this paragraph has effect despite any statutory or other restriction on the disclosure of information.

5

In this paragraph “processing” has the same meaning as in the Data Protection Act 1998.

3I3

After paragraph 8B (inserted by section 2) insert—

8C

1

Provision requiring the retention or disposal, or otherwise regulating the processing, of—

a

information provided in an application under section 10ZC or 10ZD;

b

information provided to a person in accordance with a requirement imposed by a registration officer in Great Britain under provision made by virtue of paragraph 1(2);

c

information provided to a person by virtue of provision made under paragraph 3ZA.

2

In this paragraph “processing” has the same meaning as in the Data Protection Act 1998.

4I4

In paragraph 13, after sub-paragraph (1ZA) insert—

1ZB

Provision making it an offence, in prescribed circumstances, for a person to process information in breach of provision made under paragraph 1A(3)(e) or (f) or 8C.

1ZC

Provision made under sub-paragraph (1ZB) creating an offence may not—

a

provide for the offence to be punishable on conviction on indictment by imprisonment for a term exceeding two years;

b

provide for the offence to be punishable on summary conviction by imprisonment for a term exceeding the relevant maximum;

c

provide for the offence to be punishable on summary conviction by a fine exceeding the statutory maximum or level 5 on the standard scale (as appropriate).

1ZD

In sub-paragraph (1ZC)(b) “the relevant maximum”—

a

in relation to an offence triable either on indictment or summarily, means—

i

in England and Wales or Scotland, 12 months, and

ii

in Northern Ireland, 6 months;

b

in relation to an offence triable only summarily, means—

i

in England and Wales, 51 weeks, and

ii

in Scotland or Northern Ireland, 6 months.

5I5

In section 53 of the Representation of the People Act 1983 (power to make regulations as to registration etc), after subsection (4) insert—

5

Before making regulations containing provision under paragraph 1A of Schedule 2, or paragraph 13(1ZB) of that Schedule so far as relating to that paragraph, the Secretary of State must consult—

a

the Electoral Commission,

b

the Information Commissioner, and

c

any other person the Secretary of State thinks appropriate.

6

The Secretary of State may require the Electoral Commission to—

a

prepare a report on specified matters relating to the operation of any provision made under paragraph 1A of Schedule 2, and

b

give the Secretary of State a copy of the report by no later than a specified date.

7

The Secretary of State must publish a copy of the report.

8

A registration officer in Great Britain must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under subsection (6).