HC Deb 01 February 1918 vol 101 cc2016-31

4. The registration officer shall be substituted for the overseers in Sections eleven and twelve of the Parliamentary and Municipal Registration Act, 1878, and in any other enactment dealing with the duties of the overseers in connection with the registration of electors; and in Sections thirty-nine and sixty-nine of the Corrupt and Illegal Practices Prevention Act, 1883, "registration officer" means the registration officer under this Act.

5. In order to provide for election and voting in any university constituencies constituted under this Act where the election and voting in the constituency are not regulated under existing Acts, the Local Government Board shall apply thereto such provisions of any existing Acts relating to elections and voting at any university constituency in Great. Britain as appear to the Board expedient for the purpose, with such modifications as seem necessary.

6. Sub-section (4) of Section forty of the Local Government Act, 1888 (which makes the number of county councillors and the boundaries of the county electoral divisions in London depend on the number of Members for Parliamentary boroughs and the boundaries of Parliamentary boroughs and divisions in London), shall have effect as if the words "for the time being" were substituted for the words "at the passing of this Act," and, in order to meet any difficulty (consequent on the change of boundaries under this provision) in filling casual vacancies by election in the London County Council, any such casual vacancy shall, until the first election of the whole number of councillors which takes place after the passing of this Act, be filled by means of the choice by the Council of a person to fill the vacancy, and the councillor so chosen shall hold office in such manner and in all respects as if he had been elected to fill the vacancy.

7. Sections eleven and thirteen of the Parliamentary and Municipal Registration Act, 1878, shall be adapted so as to be applicable to parishes situated in any constituency or in any local government area, and for that purpose "constituency" shall be substituted in that Section for "Parliamentary borough," "local government area" for "municipal borough," and "registered as a local government elector" for "enrolled as a burgess."

Special Adaptation of Acts for Scotland.

9. The Representation of the People (Scotland) Act, 1832 (2 & 3 Will. 4. c. 65):

Section thirty-eight shall apply as if this Act were mentioned therein as well as the Act therein mentioned.

Section eleven shall apply as if this Act were mentioned therein as well as the Act therein mentioned.

The County Electors (Scotland) Act, 1853 (16 & 17 Viet. c. 28):

In Section five the expression "hereinafter provided" shall be deemed to include the provisions of this Act.

In Section six the words "the registration officer before the first day of February or the first day of August as the case may be in any year" shall be substituted for the words "the sheriff at the Registration Court of the county," and the words "and the registration officer" shall be substituted for the words "and the sheriff."

The County Voters Registration (Scotland) Act, 1861 (24 25 Vict. c. 83):

Section forty-three shall apply with the substitution of the registration officer for the sheriff, and of the words "when he next compiles the register" for the words "in. his Registration Court."

The Ballot Act, 1872 (35 & 36 Vict. c. 33):

For Rule 58, of Part I., of the First Schedule there shall be substituted the following rule:

In Scotland the place of election shall be a convenient room situated in such place as the Secretary for Scotland may by order from time to time determine.

In Rule 60 of Part I. of the First Schedule a reference to Division (4) of Part I. of the Fifth Schedule to this Act shall be substituted for the reference to the Schedules in that rule mentioned.

The Local Government (Scotland) Act, 1889 (52 & 53 Viet. c. 50):

In Section six, the words "in the Representation of the People Act, 1917," shall be substituted for the word "hereinafter."

Lords Amendments:

In paragraph 4; after the word "thirty-nine" ["Sections thirty-nine and sixty-nine"], insert the word "sixty-eight."—Agreed to.

Leave out paragraph 5.—Agreed to.

Leave out paragraph 6.—Disagreed with.

In paragraph 7, after the word "eleven" ["Sections eleven and thirteen"], insert the words "and thirteen and (so far as necessary) Section twelve."—Agreed to.

Leave out the words "that Section" ["substituted in that Section"], and insert instead thereof the words "those Sections."—Agreed to.

In paragraph 9, leave out the words "Section eleven shall apply" down to the words "in this Registration Court," inclusive.—Agreed to.

Leave out "The Ballot Act, 1872 (35 & 36 Vict. c. 33),—For Rule 58, of Part 1, of the First Schedule there shall be substituted the following rule:"

Mr. MUNRO

I beg to move, as an Amendment to the Lords Amendment, to leave out "The Ballot Act, 1872 (35 & 36 Vict. c. 33)."

The purpose of this Amendment is to leave standing the title—"The Ballot Act, 1872 (35 & 36 Vict. c. 33)."

Lords Amendment:

Leave out the words "In Scotland the place of election shall be a convenient room situated in such place as the Secretary for Scotland may by order from time to time determine. In Rule 60, of Part I. of the First Schedule, a reference to Division (4) of Part I. of the Fifth Schedule to this Act shall be substituted for the reference to the Schedules in that rule mentioned," and insert instead thereof the. words "The Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51):

In Section sixty-eight, in the definition of "revising barrister" for the word "sheriff" shall be substituted the words "registration officer."

Mr. MUNRO

I beg to move, as an Amendment to the Lords Amendment,

EIGHTH SCHEDULE.—ENACTMENTS REPEALED.
Session and Chapter.11 Title or Short Title. Extent of Repeal.
20 Geo. 3. c. 17. The Parliamentary Elections Act, 1780. The whole Act so far as unrepealed.
2 & 3 Will. 4. c. 45. The Representation of the People Act, 1832. The whole Act (except sections sixty-four, sixty-six, sixty-eight, seventy, seventy-one, seventy-six and seventy-seven, and the definition of "returning officer" in section seventy-nine; the words "barrister, overseer," in section seventy-six wherever they occur.
2 & 3 Will. 4. c. 65. The Representation of the People (Scotland) Act, 1832. Sections two to four, six to thirteen; section twenty-seven from "Provided always" to the end of the section; section twenty-eight; section thirty-five; section thirty-seven; section forty; section forty-two, and the schedules so far as unrepealed.

before the word "The" ["The Corrupt and Illegal Practices Prevention Act"], to insert the words "In Rule 60 of Part I. of the First Schedule, a reference to Division (4) of Part I. of the Fifth Schedule of this Act shall be substituted for the reference to the Schedule in that Rule mentioned."

Amendment to the Lords Amendment agreed to.

Lords Amendment:

After the word "hereinafter" ["shall be substituted for the word 'hereinafter' "], insert,

"The Elections (Scotland) (Corrupt and Illegal Practices) Act, 1890 (53 and 54 Vict. c. 55):

In Section twenty-nine the words registration officer' shall be substituted for 'revising authority,' and at the end of Sub-section (1) of the said Section the following words shall be added, 'and shall make out a list (which may be referred to as the corrupt and illegal practices list) containing the name and description of every person whose name has been so omitted, and shall state in that list the offence of which each such person has been convicted or found guilty.' "—Agreed to.

Session and Chapter. Title or Short Title. Extent of Repeal.
16 & 17 Vict. c. 28. The County Elections (Scotland) Act, 1853. In section six the words "not being a freeholder and."
16 & 17 Vict. c. 58. The Dublin Parliamentary Revising Act, 1853. The whole Act so far as unrepealed.
19 & 20 Vict. c. 58. The Burgh Voters Registration (Scotland) Act, 1856. The whole Act so far as unrepealed except sections one, eight, fifteen, and forty-eight.
24 & 25 Vict. c. 60. The Representation of the People (Ireland) Act, 1861. The whole Act.
24 & 25 Vict. c. 83. The County Voters Registration (Scotland) Act, 1861. Section four to "thereof"; sections seven, eight, ten, and twenty-two.
30 & 31 Vict. c. 102. The Representation of the People Act, 1867. The whole Act (except sections one, two, seven, thirty - four, thirty - seven, forty-one to forty-five, forty-nine to fifty-two, fifty-seven, fifty-nine, and sixty-one); section thirty-four from "and shall name" to "places not so named," and from "where any parish" to "division of the borough into polling districts."
31 & 32 Vict. 11 c. 48. The Representation of the People (Scotland) Act, 1868. Sections three to six, sections nine to fourteen, sections sixteen to twenty, sections twenty - two, twenty - four, twenty-six, forty-two, forty-five, forty- seven to fifty, fifty-three, fifty-five, fifty-six, and in section fifty-nine the definition of "premises," and Schedules A., B., C., D., and I.
31 & 32 Vict. c. 58. The Parliamentary Electors Registration Act, 1868. The whole Act (except sections one, two, three, twenty-one, and sections twenty-three so far as it relates to returning officers).
35 & 36 Vict. c. 33 The Ballot Act, 1872 Subsection five of section sixteen, subsection (4) of section seventeen, sections eighteen and nineteen, section twenty-five from "or where" to "employment" and from "or so retained" to end, and section thirty-three from "and shall continue in force" to the end of the section.
Session and Chapter. Title or Short Title. Extent of Repeal.
41 & 42 Vict. c. 26. The Parliamentary and Municipal Registration Act, 1878. The whole Act so far as unrepealed, except sections one, two, and eleven to fourteen.
43 & 44 Vict. c. 6. The House Occupiers in Counties Disqualification Removal (Scotland) Act, 1880. The whole Act.
45 & 46 Vict. c. 50. Tire Municipal Corporations Act, 1882. Section nine; sections thirty-two and thirty-three; subsection (3) of section forty-two; section forty-four; paragraphs (1) to (7) of section forty-five; sections forty-six to forty-nine, sixty-three, seventy-one, and seventy-six, subsections (1) and (3) of section two hundred and nine, section two hundred and forty-four, Part I. of the Third Schedule, in rule four of Part II. of the Third Schedule, the words "or" entered in the separate non-resident "list required by this Act to be made," Part IV. of the Third Schedule, rule one of Part II. of the Fifth Schedule so far as respects expenses incurred in relation to the enrolment of burgesses, Form A in Part I. of the Eighth Schedule from "and I hereby declare" to the end, and Forms C to G in Part II. of the Eighth Schedule.
46 & 47 Vict c. 51. The Corrupt. and Illegal Practices Prevention Act, 1883. Subsection (2) of section thirty-two; paragraph (c) of subsection (1) of section thirty-three; subsections (3) to (8) of section thirty-nine; the definitions of "registration officer" in sections sixty-four and sixty-eight; subsection (12) of section sixty-eight: subsection (4) of section sixty-nine from "in the manner" to the end of the subsection; paragraph (1) of Part II. of the First Schedule; in paragraphs (1) and (2) of Part IV. of the First Schedule the words "and sums paid to the returning officer for his charges"; in the "Form of Return of Election Expenses" in Part. I. of the Second Schedule the first paragraph under the heading "Expenditure."
48 & 49 Vict. c. 15. The Registration Act, 1885 The whole Act so far as unrepealed (except sections thirteen, sixteen, nineteen, and twenty); the definitions of "ownership voter," "fifty pounds rental voter," and "occupation voter" in section nineteen.
Session and Chapter. Title or Short Title. Extent of Repeal.
48 & 49 Vict. c. 16. The Registration Amendment (Scotland) Act, 1885. Section three, except so far as it relates to the valuation roll, sections four and five, sections seven, eight, ten, thirteen to fifteen, and seventeen.
43 & 49 Vict. c. 17. The Parliamentary Registration (Ireland) Act, 1885. Sections two to six, eight, in section nine, subsections (1) and (2), and the words from "the register of voters" to the end of the section, sections thirteen, fifteen, seventeen to thirty.
48 & 49 Vict, c. 23. The Redistribution of Seats Act, 1885. The whole Act so far as unrepealed, except sections one, and sixteen, and (as respects Ireland) subsections (1) and (2) of section thirteen.
51 & 52 Vict. c. 41. The Local Government Act, 1838. Paragraph (xii) of section three, from "the places of" to the end of the paragraph; subsection (6) of section thirty-four from "the places of" to the end of the subsection. Proviso twelve, in section seventy-five, and sections seventy-six and seventy-seven. In paragraph (6), of section eighty-three, the words "registration of parliamentary voters or to the"; the words "or to any registration matters," and the word "registration" where it lastly occurs; in subsection (2), of section ninety-two, the word "occupation" and the words "of making out and revising the lists" of voters, of conducting any "parliamentary election"; subsection (3) of section ninety-two.
8 Ed w. 7. c. 35. The Polling Districts and Registration of Voters (Ireland) Act, 1908. Section three.
Lords Amendments: After paragraph Session and Chapter 20 Geo. 3, c. 17, insert,
"25 Geo. 3, c. 84 The Parliamentary Elections Act. 1785 The whole Act so far as unrepealed.
33 Geo. 3, c. 64 The Parliamentary Elections Act, 1793 The whole Act."

—Agreed to.

In paragraph 2 and 3 Will. 4, c. 45,, to the end of the "Sections," leave out the words "sixty-four, sixty-eight," and insert instead thereof the words "sixty-six, seventy, and seventy-six."—Agreed to.

In paragraph 2 and 3 Will. 4, c. 65, leave deputy town clerks being entitled to out the words "from 'Provided always' to the end of the Section."—Agreed to.

In the same paragraph, after the word "five," insert the words "Section thirty-six, so far as relating to town clerks or deputy town clerks being entitled to vote."—Agreed to.

In paragraph 16 and 17 Vict., c. 28, leave out the words "In section six the words 'not being a freehold and,' "and

After paragraph 16 and 17 Vict. c. 58, insert,
"16 & 17 Vict. c. 68 The Parliamentary Elections Act, 1853 In section one the words "for the Universities of Oxford and Cambridge and" the words "to the Vice-Chancellors of the said Universities and" and the words Vice-Chancellors and"; sections four and five."

—Agreed to.

In paragraph 19 and 20 Vict., c. 58, leave out the words "except sections

After paragraph 20 and 21 Vict., c. 68, insert,
"24 & 25 Vict. c. 53 The University Elections Act, 1861 The whole Act so far as unrepealed."

—Agreed to.

In paragraph 24 and 25 Vict., c. 83, leave out the words "section four to 'thereof'; sections seven, eight, ten, and twenty-two," and insert instead thereof the words "The whole Act so far as unrepealed."—Agreed to.

In paragraph 30 and 31 Vict., c. 102, leave out the words "thirty-four," and the words "forty-one to forty-five."—Agreed to.

Leave out the words from "sixty-one" to the end of the paragraph, and insert instead thereof the words "and Schedule H; in section fifty-nine from 'and in construing' to the end of the Section."—Agreed to.

In paragraph 31 and 32 Vict., c. 48, leave out the word "nine" ["section

"31 & 32 Vict. c. 65 The University Elections Act, 1868 The whole Act."

—Agreed to.

In paragraph 35 and 36 Vict., c. 33, at the beginning of third column, insert the words "section five, section eight from 'all expenses' to 'by law payable' and (except as respects Scotland and Ireland) from 'where the sheriff' to the end of the Section."—Agreed to.

Leave out the word "employment," and insert instead thereof the words "is proved on such trial to have voted at such election."—Agreed to.

"44 & 45 Vict. o. 30 The Universities Elections Amendment(Scotland) Act, 1881 The whole Act."

—Agreed to.

Sir G. CAVE: I beg to move, after the paragraph 38 and 39 Vict., c. 84, to insert,
"39 & 40 Vict, c. 61. The Divided Parishes and Poor Law Amendment Act, 1876 Section 14."

Amendment agreed to.

insert instead thereof the words "sections two, three, five, six, and seven."—Agreed to.

one, eight fifteen, and forty-eight."— Agreed to.

nine"], and insert instead thereof the word "eight."—Agreed to.

Leave out the words "twenty sections," and insert instead thereof the words "eighteen, Regulations 1, 3, 4, and 5 in section nineteen, and section twenty."—Disagreed with.

After the words "twenty-six," insert the words "thirty-seven to."—Agreed to.

At the end of the paragraph, leave out "D."—Disagreed with.

In paragraph 31 and 32 Vict., c. 58, leave out the words "twenty-one, and section twenty-three so far as it relates to returning officers," and insert instead thereof the words "and twenty-one."— Agreed to.

After paragraph 31 and 32 Vict., c. 58, insert,

At the end of same paragraph, add the words "Rules 3 and 58 in the First Schedule."—Agreed to.

In paragraph 41 and 42 Vict., c. 26, leave out the words "and eleven to," and insert instead thereof the words "eleven, twelve, thirteen, and."—Agreed to.

After paragraph 43 and 44 Vict., c. 6, insert,

Lords Amendments:

In paragraph 45 and 46 Vict., c. 50, leave out the words "sections thirty-two and thirty-three" and insert instead thereof the words "in sub-section (2) of section eleven the words from 'or (b) being entitled,' to 'to be made,' and the words 'In either of those cases,' section thirty-two, section thirty-three."—Agreed to.

After the word "forty-nine," insert the words "in sub-section (2) of section fifty-one the words 'or vote in more than one ward'; sections "—Agreed to.

Leave out the words "Form A in Part I. of the Eighth Schedule from 'and I hereby declare' to the end."—Agreed to.

In paragraph 46 and 47 Vict., c. 51, leave out "sub-sections (3) to (8)," and insert instead thereof "sub-section (1) of section thirty-five, from 'and may charge' to the end of the sub-section, sub-section (3)."—Agreed to.

After the word "thirty-nine," insert the words "section forty-seven."—Agreed to.

After the word "sub-section" ["end of the sub-section"], insert the words "sub section (9) of section sixty-nine, paragraph 7 of Part I. of the First Schedule."—Agreed to.

Leave out "in paragraphs (1) and (2) of Part IV. of the First Schedule the words "and sums paid to the returning officer for his charges."—Agreed to.

"50 & 51 Vict. c. 55 The Sheriff's Act, 1887 Sub-section (2) of section eighteen, so far as respects sheriffs' courts required for the purpose of elections."

—Agreed to.

In paragraph 51 and 52 Vict., c. 41, at beginning of third column, insert "Paragraph (b) of sub-section (2) of section two from 'or is registered' to the end of the paragraph."—Agreed to.

After paragraph 52 and 53 Vict., c. 50, insert,
"53 & 54 Vict. c. 55 The Elections (Scotland) (Corrupt and Illegal Practires) Act, 1890 In section one the definition of "revising authority"; sub-section (3) of section seventeen and sub-sections (7) and (8) of section twenty-nine."

—Agreed to.

After paragraph 3 Edw. 7, c 34, insert,
"8 Edw. 7. c. 14 The Polling Arrangements (Parliamentary Boroughs) Act, 1908 The whole Act."

—Agreed to.

In paragraph 48 and 49 Vict., c. 15, leave out the word "thirteen" ["section thirteen."—Agreed to.

In paragraph 48 and 49 Vict., c. 16, leave out the word "eight," and insert instead thereof the word "to."—Agreed to.

In paragraph 48 and 49 Vict., c. 16, leave out the words "to fifteen," and insert instead thereof the word "fourteen."—Disagreed with.

In paragraph 48 and 49 Vict., c. 17, leave out the words "eight, in section nine sub-sections (1) and (2), and the words from the register of voters' to the end of the section, sections," and insert instead thereof the word "nine."—Agreed to.

At the end, insert the words "and the Second Schedule."—Agreed to.

In paragraph 48 and 49 Vict., c. 23, leave out the words "The whole Act so far as unrepealed, except sections one and sixteen, and (as respects Ireland) subsections (1) and (2) of sections thirteen," and insert instead thereof the words, "As respects England and Scotland the whole Act so far as unrepealed, and as respects Ireland, sub-sections (3) and (4) of section eight, sections ten to twelve, subsections (3), (4), and (5) of section thirteen, sections fourteen, fifteen, eighteen, and twenty, and in section twenty-six the words from with the following' to the end of the section."—Agreed to.

After the paragraph 49 and 50 Vict., c. 58, insert,

Leave out the words "from the places of' to the end of the paragraph."—Agreed to.

Leave out the words "from 'the places of' to the end of the sub-section."—Agreed to.

Lords Amendment:

In paragraph 8 Edw. 7, c. 35, leave out the words "section 3," and insert instead thereof the words "the whole Act."—Agreed to.

Lords Amendment:

After the Eighth Schedule insert, as a new Schedule, "Ninth Schedule—Redistribution of Seats."—Disagreed with.

Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing with certain of their Amendments.

Committee nominated of Sir George Cave, Sir Willoughby Dickinson, Mr. Hayes Fisher, Mr. Herbert Samuel, and Mr. Scanlan.

Three to be the quorum.—[Sir G. Cave. ]

To withdraw immediately.

Reasons for disagreeing to certain of the Lords Amendments subsequently reported, and agreed to.

To be communicated to the Lords.—[Sir G. Cave.]