SCHEDULES
SCHEDULE 2Sharing and checking information etc
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).