Legalize / United Kingdom / Statutory-Instrument

The Representation of the People (England and Wales) Regulations 2001

Type Statutory-Instrument

Publication 2001-02-09

Last updated 2026-02-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 9th February 2001

Coming into force: 16th February 2001

Now, therefore, the Secretary of State in exercise of the powers conferred on him by the provisions which are specified in Schedule 1 to these Regulations, hereby makes the following Regulations:—

PART I — GENERAL, INTERPRETATION AND MISCELLANEOUS

Citation, commencement and extent

1

(1) These Regulations may be cited as the Representation of the People (England and Wales) Regulations 2001 and shall come into force on 16th February 2001.

(2) These Regulations shall not extend to Scotland or Northern Ireland.

Revocations

2

The instruments listed in column 1 of Schedule 2 to these Regulations (which have the references listed in column 2) are hereby revoked to the extent indicated in column 3 of that Schedule.

Interpretation

3

(1) For the purposes of these Regulations, unless the context otherwise requires—

“1983 Act” means the Representation of the People Act 1983[^f00001];

“1985 Act” means the Representation of the People Act 1985[^f00002];

“2000 Act” means the Representation of the People Act 2000[^f00003];

“Article 84A GDPR purposes” means the purposes mentioned in Article 84A(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics);

“available for inspection” means available for inspection during ordinary office hours;

“British Council employee” means a person employed by the British Council in a post outside the United Kingdom;

“candidate” has the same meaning as in section 118A of the 1983 Act;

“certificate of anonymous registration” means a certificate issued in pursuance of regulation 45G;

“Crown servant” means a person who is employed in a post falling within the class or description set out in regulation 14 below;

“data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose;

“data form” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose;

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“digital service” means the Individual Electoral Registration Digital Service, which is the digital service provided by the Secretary of State for Housing, Communities and Local Government for (amongst other purposes) the purpose of—processing online applications under sections 10ZC and 10ZD of the 1983 Act and online relevant absent voting applications,verifying information under regulations 29ZA , 29ZAA, 29ZAB and 56B, anddata matching under regulation 32ZBB in respect of the annual canvass for a register of parliamentary electors or local government electors in England or Wales;

“edited register” has the meaning given in regulation 93(1) below;

“left behind postal voting document” is a postal voting document relating to a parliamentary election or a local government election in England that is left behind at a polling station or left for the returning officer without being handed in and for which no return of postal voting documents form has been completed;

“list of overseas electors” means the list prepared under regulation 45 below;

“overseas elector” means a person who has made an overseas elector’s declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;

“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;

“previous registration condition” has the same meaning as in section 1A(2) of the 1985 Act;

“previous residence condition” has the same meaning as in section 1A(3) of the 1985 Act;

“qualifying Commonwealth citizen” has the same meaning as in section 4(6) of the 1983 Act;

“register” means the register of electors;

“registration area” means the area for which a registration officer acts;

“registration officer” means the electoral registration officer;

“relevant absent voting application” has the meaning given in paragraph 1A(7)(a)(i) of Schedule 2 to the 1983 Act;

“relevant contact details” means—an email address;a telephone number; oran electronic identifier unique to the individual;

“relevant EU applicant” means an applicant—who is a citizen of a member State, andwho is not, or is not also—a citizen of a member State listed in Schedule 6A to the 1983 Act,a qualifying Commonwealth citizen, ora citizen of the Republic of Ireland;

“renewal declaration” means a declaration made under and in accordance with section 1E of the 1985 Act;

“return of postal voting documents form” has the meaning given in regulation 79A; and

“the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

(2) A reference in these Regulations to a numbered rule in the elections rules shall be construed as a reference to—

(a) the rule of that number in the parliamentary elections rules in Schedule 1 to the 1983 Act in the case of a parliamentary election, or

(b) the corresponding rule in the rules made under section 36 of the 1983 Act in the case of a local government election.

(3) A reference in these Regulations to a form identified by means of a letter shall be construed as a reference to the form so identified in Schedule 3 to these Regulations.

(3A) For the purposes of regulations 26, 26A, 26B, ... ... 32ZE, 32ZF, 32ZG and 32ZH a document may be given to a person—

(a) by delivering it to the person;

(b) by leaving it at the person’s address; or

(3B) The following documents may be transmitted by an applicant to a registration officer by electronic means—

(a) a document provided in accordance with regulation 18(8)(b), 24A(4) or 26(9B) or (9C);

(b) in relation to an application to which regulation 26A applies which is made by an applicant who is registered in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 26A(4);

(c) in relation to an application made in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 26B(2) to (4);

(d) a document provided in accordance with regulations 26C to 26H or 26J;

(e) in relation to an application to which regulation 31G applies which is made by an applicant who is, or who has applied to be, registered in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 31G(3);

(f) a document provided in accordance with regulation 51(9) or 56C.

(4) In the application of these Regulations to the registers which are required to be published not later than 15th February 2001 by section 13(1) of the 1983 Act, as enacted, references to the publication of the revised version are to be read as references to the publication of the register.

Forms

4

(1) The registration officer shall supply free of charge as many forms for use in connection with—

(a) applications made under sections 10ZC(1)(a) and 10ZD(1)(a) of the 1983 Act, and

(b) applications made under Schedule 4 to the 2000 Act and Part IV of these Regulations,

as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with an election.

(2) The forms set out in Schedule 3 to these Regulations or forms substantially to the like effect may be used with such variations as the circumstances may require.

Communication of applications, notices etc.

5

(1) The requirement in these Regulations that any application, notice , relevant attestation , renewal declaration or representation should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a) is transmitted by electronic means,

(b) is received in legible form, and

(2) Paragraph (1) does not apply to notice of a requirement to register given under regulation 32ZE(1) or notice of a civil penalty given under regulation 32ZF(2).

(3) In paragraph (1), “relevant attestation” means—

(a) an attestation under regulations 26B(6ZA), 26E, 26F, 26G or 26H;

(b) an attestation under regulation 31J in relation to an application to which regulation 31G applies which is made by an applicant who is, or who has applied to be, registered in pursuance of an overseas elector’s declaration;

6

(1) A requirement in these Regulations for an application, notice or representation to be signed is satisfied (as an alternative to the signature given by hand) where there is—

(a) an electronic signature incorporated into or logically associated with a particular electronic communication, and

(b) the certification by any person of such a signature.

(2) For the purposes of this regulation an electronic signature is so much of anything in electronic form as—

(a) is incorporated into or otherwise logically associated with any electronic communication or both; and

(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(3) For the purposes of this regulation an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a) the signature,

(b) a means of producing, communicating or verifying the signature, or

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

(4) This regulation does not apply in relation to a relevant absent voting application, for which the general requirements are set out in regulation 51.

Copies of documents

7

(1) Where a document is made available for inspection under these Regulations, any person may make a copy (whether hand-written or by other means) of the whole or any part of it.

(2) Paragraph (1) does not apply to the full register.

(3) A person inspecting the full register may not—

(a) make copies of any part of it, or

(b) record any particulars included in it,

otherwise than by means of hand-written notes.

(4) A person who inspects the full register and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In this regulation “full register” includes—

(a) any part of it; and

(b) any notice published under section 13A(2) ,13AB(2) or 13B(3) , (3B) or (3D) of the 1983 Act altering the register.

(6) Paragraph (1) does not apply to copies of information covered by regulation 61(1) or to any of the documents open to public inspection under regulation 118.

Time

8

(1) Where the day or last day of the time allowed by these Regulations for the doing of any thing falls on any of the days mentioned in paragraph (3) below, that time shall be extended until the next following day which is not one of those days.

(2) Subject to regulation 56(6) below, in computing any period of not more than 7 days for the purposes of these Regulations any of the days mentioned in paragraph (3) below shall be disregarded.

(3) The days referred to in paragraphs (1) and (2) above are a Saturday, Sunday, Christmas Eve, Christmas Day, ... Good Friday or a bank holiday.

(4) In paragraph (3) above “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00006] in England and Wales.

Official poll card at parliamentary elections

9

(1) For the purposes of rule 28(3) of the rules in Schedule 1 to the 1983 Act, the following forms are hereby prescribed.

(2) The official poll card issued to an elector shall be in Form A.

(3) The official postal poll card issued to an elector shall be in Form A1.

(4) The official poll card issued to the proxy of an elector shall be in Form B.

(5) The official postal poll card issued to the proxy of an elector shall be in Form B1.

Return and declaration of election expenses

10

(1) For the purpose of section 75(3) of the 1983 Act, the form of the return of election expenses shall be in Form C and the form of the declaration as to election expenses shall be in Form D.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The price of a copy of any such return, declaration or any accompanying document shall be at the rate of 20p for each side of each page.

Interference with notices etc.

11

If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the registration officer in connection with his registration duties or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on a summary conviction to a fine not exceeding level 3 on the standard scale.

Device referred to in rule 29(3A) (b) of parliamentary elections rules

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration of European Parliamentary overseas electors

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II — SERVICE AND OVERSEAS ELECTORS' DECLARATIONS

Service declarations

Qualification for Crown servant

14

A person (not being a member of the forces within the meaning of section 59(1) of the 1983 Act) who is employed in the service of the Crown in a post outside the United Kingdom falls within the class or description referred to in section 14(1)(b) of the 1983 Act if he is required to devote his whole working time to the duties of that post and the remuneration of it is paid wholly out of money provided by Parliament.

Contents of service declaration

15

(1) In addition to the matters specified in paragraphs (a) to (f) of section 16 of the 1983 Act[^f00010], a service declaration shall state—

(a) the declarant’s full name and present address,

(b) the grounds on which the declarant claims a service declaration, and

(c) such of the particulars specified in paragraph (2), (3) or (4) below as are relevant to the service qualification claimed by the declarant.

(1A) In relation to the registration of local government electors in Wales, paragraph (1)(c) does not apply in a case where the declarant claims a service qualification under section 14(1A) of the 1983 Act (see instead regulation 15A).

(2) Where the declarant claims a service qualification on the grounds that he is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the service declaration shall state—

(a) the service (whether naval, military or air forces) in which that member serves,

(b) the rank or rating of that member, and

and where that member serves in the military forces, the service declaration shall in addition state the regiment or corps in which he serves.

(3) Where the declarant claims a service qualification on the grounds that he is a Crown servant to whom regulation 14 above applies or the spouse or civil partner of such a servant, the service declaration shall state—

(a) the name of the Government department in which that servant works, ...

(b) a description of the post of that servant , and

(3A) In relation to the registration of local government electors in Wales, the reference to “Government department” in paragraph (3) includes any organisation in which a Crown servant works.

(4) Where the declarant claims a service qualification on the grounds that he is a British Council employee or the spouse or civil partner of such an employee, the service declaration shall state—

(a) a description of the post of that employee, and

(b) any staff number, payroll number or other similar identifying number of that employee.

Transmission of service declaration

16

A service declaration—

(a) must be transmitted to the registration officer for the area within which is situated the address specified in the declaration in accordance with section 16(d) of the 1983 Act; and

(b) may be transmitted through the digital service.

Notification by registration officer in respect of service declarations

17

(1) Where the registration officer is satisfied that the service declaration is duly made he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of a service declaration because it—

(a) does not contain the particulars required in paragraphs (a) to (f) of section 16 of the 1983 Act and regulation 15 above, or

(b) does not comply with the requirements of sections 14 and 15 of the 1983 Act[^f00012] or, where appropriate, regulation 14 or 16 above,

he shall return the declaration to the declarant setting out his reasons for so doing.

Overseas electors' declarations

Contents of overseas elector’s declaration

18

(1) In addition to the information required by section 1C(1) to (4) of the 1985 Act, an overseas elector’s declaration must include the information required by this regulation relating to the declarant (‘D’).

(2) The declaration must include an indication as to whether D’s name has changed—

(a) where D applies to be registered in reliance on the previous registration condition, since D was last included in an electoral register;

(b) where D applies to be registered in reliance on the previous residence condition, since D was (as the case may be)—

(i) last resident at the address included in the declaration in accordance with section 1C(3)(a)(i) of the 1985 Act, or

(ii) where section 1C(4) of the 1985 Act applies, last resident in the United Kingdom.

(3) Where in accordance with paragraph (2) an indication is included in the declaration that D’s name has changed, the declaration must also include—

(a) D’s name in respect of which D was last registered or when D was last resident (as the case may be), and

(b) an explanation as to the change of name.

(4) The declaration must include D’s present address.

(5) The declaration must include—

(a) the number and date and place of issue of D’s relevant passport,

(b) if D does not have a relevant passport but was born in the United Kingdom before 1st January 1983, an indication of those facts, or

(c) if D does not have a relevant passport and was not born in the United Kingdom before1st January 1983, a statement as to when and how D acquired the status of British citizen, together with the date, place and country of D’s birth.

(6) In paragraph (5)—

“relevant passport” means a British passport (whether current or expired) which describes D’s national status as “British citizen”;

“the United Kingdom” has the same meaning as in section 50 of the British Nationality Act 1981.

(7) Where D applies to be registered in reliance on the previous registration condition, the declaration must include an indication as to whether when last registered D was registered in pursuance of—

(a) an overseas elector’s declaration,

(b) a service declaration, or

(8) Where D applies to be registered in reliance on the previous residence condition—

(a) the declaration must include an indication as to whether D was under 18 years old on the last day that D was resident in the United Kingdom, and

(b) where D indicates that D was under 18 years old on that last day, D may provide as part of D’s declaration any information or document described in regulation 26C.

(9) Where section 1C(4) of the 1985 Act applies, the declaration must include—

(a) a statement as to which of the categories of persons, to which section 7B of the 1983 Act (notional residence: declarations of local connection) applies, applied to D on the last date that D was resident in the United Kingdom, and

(b) where section 7B(2)(a) or (b) applied to D, the name and address of the mental hospital (within the meaning of section 7 of the 1983 Act) at which D was a patient, or (as the case may be) of the place at which D was detained, on that date.

Certain declarants to supply copy of birth certificates

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attestation of certain overseas electors' declarations

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transmission of overseas elector’s declaration

21

An overseas elector’s declaration shall be transmitted to the registration officer for that part of a constituency within which is situated the address specified in the declaration in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act by—

(a) the Secretary of State, where the declaration forms part of an application made through the digital service in accordance with regulation 26(9);

(b) otherwise, by the declarant.

Notification about registration as overseas elector

22

(1) Where the registration officer is satisfied that the declarant qualifies as an overseas elector under the provisions of section 1A of the 1985 Act, he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of an overseas elector’s declaration because—

(a) in his opinion the declarant does not qualify as an overseas elector under section 1A of the 1985 Act, or

(b) the declaration does not satisfy the requirements of section 1C of the 1985 Act or regulation 18, ...

the registration officer must notify the declarant in writing and set out the officer’s reasons for rejecting the application for registration.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III — REGISTRATION

Information about electors

Power to require information

23

(1) A registration officer may require any person to give information required for the purposes of that officer’s duties in maintaining registers of parliamentary and local government electors.

(1A) A registration officer may not use the power conferred by paragraph (1) to require a person who has made an application under section 10ZC or 10ZD of the 1983 Act to provide information to assist the registration officer in determining, in connection with that application, whether the applicant is the person named in the application or is entitled to be registered.

(2) A registration officer is under a duty to require persons to give information required for the purposes of that officer’s duty under section 3(1) of the Juries Act 1974[^f00015].

(3) If any person—

(a) fails to comply with ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any such requisition of the registration officer as is mentioned in this regulation, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Evidence as to age and nationality

24

(A1) This regulation applies for the purposes of the registration of local government electors in Wales.

(1) Where a registration officer has doubts about a person’s age or nationality, he may require that person to produce such evidence as is specified in paragraph (2) below for the purposes of registration.

(2) The evidence which the registration officer may require is as follows—

(a) a birth certificate ...;

(b) a certificate of naturalisation;

(d) in any other case—

(i) a document showing that he has become a Commonwealth citizen by virtue of registration; or

(ii) a statutory declaration that he is a qualifying Commonwealth citizen or citizen of the Republic of Ireland or a relevant citizen of the Union or ... a qualifying foreign citizen.

(3) If any fee is payable in connection with the making of a declaration for the purposes of this regulation, the registration officer shall pay that fee and it shall be treated as part of his registration expenses within the meaning of section 54(1) of the 1983 Act[^f00016].

(4) Any such declaration shall be made available for inspection at the registration officer’s office until the determination of the application for registration and of any objections duly made to it.

(4A) Paragraph (4) does not apply where the declarant has, or has applied for, an anonymous entry.

(5) This regulation does not apply where an application for registration is made in pursuance of a service declaration.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reminders to electors registered pursuant to a declaration

25

(1) This regulation applies in respect of a person registered in pursuance of—

(a) a service declaration; or

(b) a declaration of local connection; ...

(2) Subject to paragraph (4) below, the registration officer shall, during the relevant period, send to a person to whom this regulation applies a reminder of the need to make a fresh declaration if he wishes to remain registered as an elector in pursuance of such a declaration.

(3) In paragraph (2) “the relevant period” means—

(a) except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in a register of the person in question first takes effect and ending ten months after that date, and

(b) in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.

(3A) Subject to paragraph (4) below, the registration officer must send a second reminder not less than 21 nor more than 28 days after the date of the sending of the first reminder.

(4) Paragraphs (2) and (3A) above do not apply in respect of a person to whom this regulation applies where—

(a) the registration officer has already received from that person a fresh declaration, or

(b) information which the registration officer has received indicates that that person is no longer entitled to make the relevant declaration.

(5) In relation to the registration of local government electors in Wales, paragraphs (6) and (7) apply in the case of a person registered in pursuance of a service declaration made by virtue of a service qualification under section 14(1A) of the 1983 Act.

(6) The registration officer must send to the person a reminder that the person's declaration will cease to have effect, and that the person's entitlement to remain registered will cease, when the person attains the age of 18.

(7) The reminder must be sent as soon as practicable within the period of 3 months ending on the day on which the person attains the age of 18.

Applications for registration

26

(1) An application for registration as a parliamentary or local government elector (or both) under section 10ZC or an application for alteration in respect of address under section 10ZD of the 1983 Act (“an application”) must be in writing and must state—

(a) the applicant’s full name ...;

(b) except in the case of an application being made in pursuance of a service declaration or an overseas elector’s declaration, the address in respect of which the applicant applies to be registered and at which they are resident on the date of the application;

(c) any address at which the applicant has ceased to reside within 12 months before the date of the application and, where that address is not in the United Kingdom and the application is not being made in pursuance of an overseas elector’s declaration, an indication of whether the person was registered in pursuance of an overseas elector’s declaration during this period;

(d) except in the case of an application being made in pursuance of an overseas elector’s declaration, an indication of whether the applicant is resident at any other address, including at any address in respect of which the applicant is currently registered as an elector and in respect of which the applicant claims to be entitled to remain registered;

(e) the applicant’s date of birth or, if they are not able to provide that information, the reason why they are not able to do so and a statement as to whether the applicant is under 18 years old or aged 76 or over;

(f) the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so;

(fa) in the case of a relevant EU applicant, an indication as to whether the applicant meets the requirements set out in section 203B of the 1983 Act;

(g) except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration, the applicant’s nationality or nationalities or, if they are not able to provide that information, the reason why they are not able to do so;

(h) an indication of whether the applicant requests that their name and address are omitted from the edited version of the register;

(i) in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact;

(j) a declaration by the applicant that the information provided in the application is true; and

(k) the date of the application.

(1A) In relation to the registration of local government electors in Wales, where the applicant is not able to provide the applicant's date of birth, the statement referred to in paragraph (1)(e) must indicate whether the applicant is—

(a) under the age of 16,

(b) aged 16 or 17, or

(2) In the case of a person applying to be registered as a parliamentary or local government elector (or both) in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, an application under paragraph (1) must include the appropriate declaration.

(3) The Electoral Commission must design a paper application form which requires the information and declarations in paragraphs (1) , (1A) and (2) and includes—

(a) a statement that the information provided in the application will be processed in accordance with the data protection legislation and as to what information will appear on the electoral register;

(b) a statement that persons without lawful immigration status are ineligible to register to vote, that registration officers may request checks in relation to an applicant’s immigration status against Home Office records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical immigration status;

(ba) a statement that the following are ineligible to register to vote as local government electors—

(i) in relation to registration in England, persons who are not Commonwealth citizens, citizens of the Republic of Ireland, qualifying EU citizens or EU citizen with retained rights, or

(ii) in relation to registration in Wales, persons who are not Commonwealth citizens, citizens of the Republic of Ireland, relevant citizens of the Union or qualifying foreign citizens;

(bb) a statement that registration officers may require the applicant to provide additional information in relation to nationality, may carry out checks against Government records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical nationality;

(bc) a statement that, for applicants in Wales, the application requirement under paragraph (1)(fa) is relevant only in relation to eligibility to vote in PCC elections and not in relation to entitlement to register under section 4 of the 1983 Act;

(c) a statement that it is an offence to provide false information to the registration officer, together with a statement of the maximum penalty for that offence;

(ca) a statement that failure to provide an address at which the applicant has ceased to reside within 12 months before the date of the application or any other mandatory information required on the form may delay the registration process;

(d) space for a bar code, local authority reference number and security code unique to each form;

(e) space for the email address and telephone number or numbers of the applicant and an explanation that provision of this information is not mandatory;

(ea) space for the applicant to provide their most recent previous name (if they have one) and an explanation that provision of this information is not mandatory but may assist the registration officer in verifying the applicant’s identity, and that if the information is not provided then additional personal information may be required;

(eb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) space for the registration officer to include local authority information and details of how the registration officer may be contacted;

(g) an indication of whether the applicant wishes to be able to cast an absent vote;

(h) an explanation of what the edited register is, using the short version of the form of words prescribed by regulation 45 of and Schedule 3 to the Representation of the People (England and Wales)(Description of Electoral Registers and Amendment) Regulations 2013; and

(i) the web site address of the digital service.

(3A) In relation to the registration of local government electors in Wales, the paper application form under paragraph (3) must also include an explanation of how information about applicants under the age of 16 will be held and used.

(4) The paper application form for persons applying to be registered in pursuance of a service declaration must—

(a) instead of the information required in paragraph (1)(b), request the applicant’s correspondence address or British Forces Post Office Number;

(b) in the case of an application in pursuance of a service declaration on the grounds that the applicant is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of a member of the forces (within the meaning of section 59(1) of the 1983 Act), also include a statement that the applicant must renew their application for registration every 5 years but may cancel it at any time;

(c) in relation to the registration of local government electors in Wales, not include space for the information mentioned in paragraph (3)(eb).

(5) The paper application form for persons applying to be registered in pursuance of an overseas elector’s declaration must—

(za) instead of the statement required in paragraph (3)(ba) to (bc), include a statement that, in relation to an applicant’s nationality, registration officers may require the applicant to provide additional information or may carry out checks against Government records, and

(zb) include space for the address at which the applicant can be contacted.

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) The paper application form for persons applying to be registered as a local government elector in Wales in pursuance of a declaration of local connection must not include space for the information mentioned in paragraph (3)(eb).

(6) The Electoral Commission must obtain the approval of the Secretary of State to the design of the application forms under paragraphs (3) to (5A) and must then make the forms available to registration officers.

(6A) Before giving approval under paragraph (6) in respect of the design of forms under paragraphs (3), (4) and (5A), the Secretary of State must consult the Welsh Ministers.

(7) Where a registration officer gives a paper application form to a person resident in England or Wales, it must be accompanied by a pre-addressed reply envelope, return postage of which must be prepaid.

(8) A registration officer may authorise the applicant to provide the information required by paragraph (1) to the registration officer by telephone or in person and, where the officer does so, the registration officer must—

(a) provide the applicant with an explanation of what the edited register is, using the short version of the form of words prescribed by regulation 45 of and Schedule 3 to the Representation of the People (England and Wales)(Description of Electoral Registers and Amendment) Regulations 2013; and

(b) transfer the information provided by the applicant into an application in writing.

(9) Where, by virtue of arrangements made by the Secretary of State, an application under paragraph (1) may be made through the digital service, the Secretary of State must request the applicant’s email address and telephone number or numbers and provide an explanation of the purpose for which this information will be used.

(9A) In relation to the registration of local government electors in Wales, paragraphs (1)(f) and (8)(a) do not apply in the case where the applicant is under the age of 16.

(9B) Where—

(a) an applicant makes an application in pursuance of an overseas elector’s declaration, and

(b) the applicant is unable to provide a national insurance number in accordance with paragraph (1)(f),

the applicant may provide as part of the application a copy of any of the documents listed in regulation 26B(2) to (4).

(9C) Where an applicant makes an application in pursuance of an overseas elector’s declaration in reliance upon the previous residence condition, the applicant may provide as part of the application a copy of any document which meets the evidential requirement described in regulation 26D(3).

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The Secretary of State must send to the registration officer any application he receives , subject to paragraph (12), together with—

(za) any copy documentation provided by the applicant in accordance with paragraph (9B) or (9C);

(a) the applicant’s email address and telephone numbers (if provided); and

(b) a reference number unique to that application.

(12) Where an application made through the digital service in accordance with paragraph (9) includes the applicant’s national insurance number the Secretary of State—

(a) may send the registration officer that application without the national insurance number, and

(b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.

Objections to registration

27

(1) Any objection to a person’s registration shall state—

(a) the name of the person against whom the objection is made;

(b) in the case of an objection made before that person is entered in the register, the address of that person as given in the application for registration;

(ba) in the case of an objection made after that person is entered in the register, the electoral number and qualifying address of that person contained in the register;

(d) the name of the objector and his address as shown in the register (if so shown) together with the address to which correspondence should be sent if that address is different or if no address is shown in the register; and

(e) the electoral number of the objector.

(2) An objection shall be made in writing and be signed and dated by the person objecting.

(3) In this Part of these Regulations “objection” includes representations made against an application for registration under section 13A(1)(za) of the 1983 Act.

Inspection of applications and objections

28

(1) An entry on the list of applications for registration kept under regulation 29(2)(a) and any objection to a person’s registration shall be made available for inspection at the registration officer’s office until the application to which the entry relates or objection has been determined by the registration officer.

(2) This regulation does not apply to an application for registration which is accompanied by an application for an anonymous entry.

(3) In relation to the registration of local government electors in Wales, this regulation does not apply to an application made by a person under the age of 16.

Determination of applications and objections

Procedure for determining applications for registration and objections without a hearing

29

(1) A registration officer shall discharge his functions of determining an application under section 10ZC(1)(a) or 10ZD(1)(a) of the 1983 Act or considering an objection under section 10ZC(2), 10ZD(2) or 10ZE(5)(a) of that Act in accordance with this regulation and regulations 30 to 31A below.

(2) The registration officer must keep separate lists of—

(a) applications for registration;

(b) objections made before the person against whom the objection is made is entered in the register;

(2A) On receipt of an application the registration officer must enter the name and nationality of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).

(2B) Paragraph (2A) does not apply to an application accompanied by an application for an anonymous entry.

(2BA) Where an application for registration has been made and that application is successful, the registration officer must give confirmation in writing to the applicant of that fact, before either—

(a) publication of the revised register to which the applicant will be added under section 13(1) of the 1983 Act; or

(b) issue of a notice of alteration under section 13A(2) of that Act specifying that the applicant’s name will be added to the register,

whichever is appropriate.

(2BB) Where confirmation is given under paragraph (2BA) in relation to an application for registration made in response to an invitation to register under section 9E(1) of the 1983 Act or made in pursuance of an overseas elector’s declaration, the registration officer must give that confirmation either—

(a) by delivering it to the applicant, leaving it at the applicant’s address or sending it to the applicant’s address by post; or

(b) by electronic means.

(2BC) Where confirmation is given under paragraph (2BA) in relation to an application for registration made other than in response to an invitation to register under section 9E(1) of the 1983 Act or in pursuance of an overseas elector’s declaration—

(a) the registration officer must give confirmation by delivering it to the applicant, by leaving it at their address or by sending it to them by post; and

(b) the confirmation must give the registration officer’s contact details and must request that any person who receives that confirmation inform the registration officer if the applicant is not resident at the address in respect of which the application was made.

(2BD) A confirmation given under paragraph (2BA) must—

(a) contain the date on which the applicant’s name will be published in the revised register under section 13(1) or in a notice of alteration under section 13A(2) of the 1983 Act; and

(b) where—

(i) the registration officer has information that the applicant is registered in respect of a different address from the one in respect of which they have applied to be registered; and

(ii) in their application for registration, the applicant has identified that address as being an address at which they have ceased to reside in accordance with regulation 26(1)(c);

inform the applicant that their entry relating to that address will be removed from the register under section 10ZE(2) of the 1983 Act.

(2BE) In the case of an application to register in pursuance of a service declaration, or an overseas elector’s declaration, the address to be used for the purposes of paragraph (2BB)(a) or (2BC)(a), is the address the applicant has given under regulation 26(4)(a) or 26(5)(zb), as appropriate.

(2BF) The Electoral Commission must—

(a) design the forms of confirmation to be used under paragraph (2BA);

(b) obtain the approval of the Secretary of State to the forms; and

(2BG) Before giving the approval referred to in paragraph (2BF)(b), the Secretary of State must consult the Welsh Ministers.

(2C) On receipt of an objection made before the person against whom the objection is made is entered in the register, the registration officer must enter—

(a) in the list he keeps in pursuance of paragraph (2)(b), the name and qualifying address of the objector together with the particulars referred to in paragraph (2A), and

(b) in the list he keeps in pursuance of paragraph (2)(a), the particulars of the objection.

(2D) On receipt of any other objection, the registration officer must enter the name and qualifying address of the objector together with the particulars referred to in paragraph (2A) in the list he keeps in pursuance of paragraph (2)(c).

(3) The registration officer may ask for further information and take no further action until such information is supplied, if he is of opinion that the particulars given in the application or objection are insufficient.

(4) Subject to paragraph (4A), the registration officer may allow an application without a hearing provided that no objection is made within the period of five days beginning with the day following the entry of the application in the list of applications.

(4A) In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the former application without a hearing at any time.

(5) The registration officer may disallow an objection if he is of opinion that the objector is not entitled to object ...; and he shall so inform the objector.

(5A) The registration officer may disallow an objection without a hearing if he is of the opinion that the objection is clearly without merit.

(5B) Where the registration officer disallows an objection under paragraph (5A), he must send to the objector a notice stating that the application has been disallowed on that basis and the grounds for his opinion.

(5C) An objector may require the objection to be heard by giving notice to the registration officer within three days from the date of the notice given under paragraph (5B).

(5D) A notification under paragraph (5C) is not to prevent the application to which the objection relates from being allowed.

(6) The registration officer may send to the applicant or objector a notice stating his opinion that an application or objection cannot be allowed because—

(a) the matter has been concluded by the decision of a court, or

(b) the particulars given in the application or objection do not entitle the applicant or objector to succeed.

(7) In cases to which paragraph (6) applies, the registration officer shall state the grounds for his opinion and that he intends to disallow the application or objection unless that person gives the registration officer notice within three days from the date of the registration officer’s notice that he requires the application or objection to be heard; and if he receives no such notice within that time, he may disallow the application or objection.

(8) In this regulation, “qualifying address” includes the address specified in an overseas elector’s declaration in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act.

Notice of hearing

30

(1) The registration officer shall, unless he allows or disallows the application or objection under regulation 29 above, send a notice—

(a) in the case of an application, to the person making the application, and

(b) in the case of an objection, to the objector and the person objected to, stating—

(i) the time and place at which he proposes to hear the application or objection;

(ii) the name and address of the objector and the grounds of the objection (in the case of a notice sent to a person objected to).

(2) The time fixed for the hearing of an application or objection shall not be earlier than the third day or later than the seventh day after the date of the notice referred to in paragraph (1) above.

Hearing of applications and objections

31

(1) The persons entitled to appear and be heard are as follows—

(a) on an application, the applicant;

(b) on an objection, the objector and the person objected to;

(2) The right to appear and be heard includes the right to make written representations.

(3) Any person entitled to appear and be heard may do so either in person or by any other person on his behalf.

(4) The registration officer may, at the request of any person entitled to appear and be heard or, if he thinks fit, without such a request, require that the evidence tendered by any person shall be given on oath and may administer the oath for the purpose.

Registration appeals

32

(1) This regulation makes provision in connection with the right of appeal under section 56(1)(a), (aza), (azb), (azc), (azd), (aa) and (ab) of the 1983 Act.

(2) A person desiring to appeal must—

(a) give notice of appeal to the registration officer and to the opposite party (if any) when the decision is given, or within 14 days thereafter, and

(b) specify the grounds of appeal.

(3) The registration officer shall forward any such notice to the appropriate county court in accordance with rules of court together, in each case, with—

(a) a statement of the material facts which in his opinion have been established in the case, and

(b) his decision upon the whole case and on any point which may be specified as a ground of appeal.

(4) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the appropriate county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Circumstances when the power in section 10A(5)(b) of the 1983 Act applies

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Retaining entries in register

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration officer’s right to inspect certain records

35

(1) A registration officer is authorised to inspect, for the purpose of his registration duties, records kept (in whatever form) by—

(a) an authority listed in paragraph (2) below, or

(b) any person providing services to, or authorised to exercise any function of, any such authority.

(2) Those authorities are—

(a) the council by which he was appointed;

(aa) where the council by which he was appointed is a council for a district in a county for which there is a county council, that county council; and

(b) any superintendent registrar of births, deaths and marriages, registrar of births and deaths or registrar of marriages.

(3) A registration officer is authorised to make copies of information contained in such records.

(4) For the purposes of paragraph (1), a registration officer’s “registration duties” do not include the officer’s functions in relation to a relevant absent voting application.

Notices in connection with registration

36

(1) A notice under section 13(3) of the 1983 Act[^f00027] must be published—

(a) not less than 14 days before the publication of the revised version of the register to which it relates;

(b) in a newspaper circulating in the area for which the registration officer acts, and

(2) A notice under section 13A(2) ,13AB(2) , 13B(3) , (3B) or (3D) or 13BC(3) or (6) of that Act must be issued by—

(a) making a copy of it available for inspection under supervision—

(i) at his office, and

(ii) at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose;

(aa) supplying copies of it in accordance with Part VI of these Regulations;

(b) except in a case falling within regulation 29(2BA), 31C and 31FZA above, sending a copy of it to any person affected by its contents.

(3) For the purposes of section 13B(3A) and (3C) of the 1983 Act the prescribed time on the day of the poll is 9pm.

(4) For the purposes of section 13BC(5)(a) of the 1983 Act (alteration of the registers: recall petition), the prescribed time is one hour before the end of the signing period (within the meaning of section 9(2) of the Recall of MPs Act 2015).

Notice by registration officer of a change of address

37

(1) This regulation applies where a registration officer receives an application for registration which includes a statement given in accordance with regulation 26(1)(c) above.

(2) Where the address given in the statement received by the registration officer (“the new registration officer”) is in an area for which another registration officer (“the former registration officer”) acts, the new registration officer shall as soon as practicable notify the former registration officer that the applicant no longer resides in his area.

The register

Separate part of a register for each parliamentary polling district

38

(1) The register shall be framed in separate parts for each parliamentary polling district.

(2) Where a parliamentary polling district is contained in more than one electoral area, there shall be a separate part of the register for each part of the polling district contained in each electoral area.

Different letter for each parliamentary polling district

39

There shall be a different letter or letters in the register for each parliamentary polling district and such letter or letters shall be deemed to form part of an elector’s number in the register.

Qualifying addresses which are not included in the register

40

(1) Section 9(2)(b) of the 1983 Act[^f00028] (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply—

(a) to an address to which paragraph (2) or (3) below applies, or

(b) which is specified in an overseas elector’s declaration in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act[^f00029].

(2) This paragraph applies to an address where it appears to the registration officer that—

(a) a service voter in his service declaration, or

(b) a person who has made a declaration of local connection,

has given that address in such a declaration as an address—

(i) at which he has resided, but

(ii) which is not an address at which he is or would be residing but for the circumstances entitling him to make such a declaration.

(3) This paragraph applies to an address given in a declaration of local connection in accordance with section 7B(4)(b) of the 1983 Act[^f00030].

Order of names

41

(1) Subject to paragraphs (2) and (3) below, the names and addresses of each separate part of the register shall be arranged in street order.

(2) If the registration officer determines for any part of the register that street order is not reasonably practicable, the names and addresses shall be arranged in alphabetical order or partly in street order and partly in alphabetical order.

(3) The name of any person whose qualifying address is not contained in a register by virtue of regulation 40 above shall be grouped together in alphabetical order—

(a) at the end of that part of the register to which the address relates;

(b) beneath the heading “Other electors”, and

Marking of names

42

(1) Paragraphs (3), (3A), (5) and (6) below specify the marks to appear against a person’s entry in the register to indicate that he is registered in one or more of the two registers (those of: parliamentary electors and local government elections) which are required to be combined.

(2) Where no mark appears against a person’s entry in the register of electors, this indicates that he is registered in the registers of parliamentary and local government electors.

(3) Subject to paragraph (3B), to indicate that a relevant citizen of the Union is registered only in the register of local government electors in Wales, the letter “G” shall be placed against his entry.

(3A) To indicate that a qualifying foreign citizen is registered only in the register of local government electors in Wales, the letter “M” shall be placed against the person's entry.

(3B) To indicate that a relevant citizen of the Union who is registered only in the register of local government electors in Wales is also a qualifying EU citizen or an EU citizen with retained rights, the letter “B” shall be placed against the person’s entry.

(3C) To indicate that a qualifying EU citizen or an EU citizen with retained rights is registered only in the register of local government electors in England, the letter “B” shall be placed against the person’s entry.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) To indicate that any other person is registered only in the register of local government electors, the letter “L” shall be placed against his entry.

(6) To indicate that an overseas elector is registered only in the register of parliamentary electors, the letter “F” shall be placed against his entry.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of register

43

(1) The manner in which each revised version of the full register is to be published under section 13(1) and (3) of the 1983 Act is by the registration officer—

(a) making a copy of it available for inspection under supervision—

(i) at his office, and

(ii) at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose; and

(b) supplying copies of it in accordance with Part VI of these Regulations.

(1A) Where a copy of the full register is made available pursuant to paragraph (1)(a) above by providing the register on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic, or any other, means.

(2) The revised version of the register shall be kept published until the coming into force of the next revised version of it.

Information about register

44

(1) As soon as practicable after the publication of a revised version of the register under section 13(1) of the 1983 Act, the registration officer shall supply to the Secretary of State a document setting out the information about electors which is required by paragraphs (2) to (4) and (6) below.

(2) The document referred to in paragraph (1) above shall state the name of the constituency (and, if only part of the constituency is situated in the area for which the registration officer acts, that fact) and shall list the following total numbers of electors in that constituency or part thereof, namely—

(a) parliamentary electors (including those referred to in sub-paragraph (d) below);

(b) local government electors (including those referred to in sub-paragraph (d) below);

(d) those registered in pursuance of section 4(5) of the 1983 Act[^f00032].

(3) The document referred to in paragraph (1) above shall set out separately as respects those electors referred to in sub-paragraphs (a) and (d) of paragraph (2) above the following totals, namely—

(a) those registered by virtue of residence at a qualifying address;

(b) those registered in pursuance of a service declaration;

(d) those registered in pursuance of a declaration of local connection.

(4) The document referred to in paragraph (1) above shall in respect of each relevant area in the constituency state—

(a) its name or number;

(b) the letters referred to in regulation 39 above for each parliamentary polling district in each relevant area (or part thereof); and

and shall list the following total numbers of electors in that area (or part thereof) namely—

(i) parliamentary electors (including those referred to in sub-paragraph (ii)) below;

(ii) those registered by virtue of section 4(5) of the 1983 Act; and

(iii) those local government electors who are ineligible to vote at parliamentary elections.

(5) In paragraph (4) above “relevant area” means—

(a) in England, a ward of a district, of a London borough or of the City of London, and

(b) in Wales, an electoral division of a county or county borough.

(6) The document referred to in paragraph (1) shall state the total number of electors who have an anonymous entry.

Preparation and publication of list of overseas electors

45

(1) The registration officer shall prepare and maintain a list of the names of each person who appears to him to be entitled to be registered in pursuance of an overseas elector’s declaration (“the list of overseas electors”); and shall include in that list the address specified in that declaration in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act and the elector’s present address.

(1A) But in the case of a person who has an anonymous entry, the list of overseas electors must contain only—

(a) the person’s electoral number, and

(b) the date on which the person’s entitlement to remain registered anonymously will terminate under section 9C(1) of the 1983 Act (in the absence of a further application under section 9B of that Act).

(2) In respect of each constituency which is wholly or partly comprised in the area for which the registration officer acts there shall be a separate part of the list of overseas electors; and the names of the persons included in each part who do not have an anonymous entry must be listed in alphabetical order, followed by the electoral numbers of persons with an anonymous entry.

(3) At the time when the registration officer publishes a revised version of the register under section 13(1) of the 1983 Act, he shall publish the list of overseas electors by making a copy of it available for inspection under supervision at his office; and the list shall be kept so published until the next revised version of the register is published under section 13(1) of the 1983 Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of free copies of register and list of overseas electors otherwise than on request

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of free copies of register and list of overseas electors on request

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale of register and list of overseas electors

48

(1) Subject to paragraph (4) below, the registration officer shall supply a copy or copies of the register or of the list of overseas electors to any person on payment of a fee calculated in accordance with paragraph (2) or (3) below.

(2) In the case of the register—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

(3) In the case of the list of overseas electors—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 100 entries (or remaining part of 100 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 100 entries (or remaining part of 100 entries) in it.

(4) The registration officer shall not supply a printed copy of the register under this regulation if to do so would result in his having insufficient copies of it for the purposes of any requirement made by or under any enactment.

Supply of register and list of overseas electors in data form

49

(1) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act[^f00035], any duty on the registration officer to supply data under regulations 46 to 48 above imposes only a duty to supply such data recorded in the form in which he holds it.

(2) The registration officer shall not supply data which includes information not included in the printed version of the register otherwise than under regulation 46(4).

PART IV — ABSENT VOTERS

Interpretation of Part IV

50

In this Part of these Regulations—

“Schedule 4” means Schedule 4 to the 2000 Act;...

“absent voter” means an elector who is entitled to vote by proxy or an elector or proxy who is entitled to vote by post;

“allotted polling station” has the meaning set out in regulation 53(7) below;

“the maximum period” means the period specified in paragraph 3(1A)(a) or (1B)(a) of Schedule 4.

General requirements for applications for an absent vote

51

(1) An application under Schedule 4 must comply with the requirements of this regulation and such further requirements in this Part of these Regulations as are relevant to the application.

(2) The application must state—

(a) the full name of the applicant;

(aa) for a relevant absent voting application, the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so;

(b) the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register except in the case of an application under paragraph 7(4) or (7) of Schedule 4;

(c) in the case of such an application, the proxy’s address, together with the name of the elector for whom he will act as proxy and the elector’s address for the purposes of sub-paragraph (b) above;

(d) in the case of a person applying to vote by post, the address to which the ballot paper should be sent,...

(e) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote.

(f) in the case of a person who is unable to provide a signature, the reasons for his request for waiver of any requirement under paragraph 3, 4 or 7 of Schedule 4 to provide a signature and the name and address of any person who has assisted him to complete his application, and

(g) where the applicant has, or has applied for, an anonymous entry, that fact.

(3) The application shall be made in writing and shall be dated.

(3A) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning into his record by configuring the information as follows—

(a) the signature shall appear against a background of white unlined paper of at least five centimetres long and two centimetres high; and

(b) the applicant’s date of birth shall be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(3B) Where the application contains a request that the registration officer waive the requirement for a signature, sub-paragraph (a) of paragraph (3A) shall not apply.

(4) An application under Schedule 4 which is made for an indefinite period , the maximum period or the period specified in the application must state-

(a) that it is so made, and

(b) whether it is made for parliamentary elections, local government elections or both.

(5) An application under Schedule 4 which is made for a particular parliamentary or local government election must-

(a) state that it is so made, and

(b) identify the election in question,

but, where the poll at one election falls on the same day as the poll at another election, the same application may be used for both elections.

(6) Where an application is made to vote by proxy, it shall include an application for the appointment of a proxy which meets the requirements of regulation 52 below.

(7) Where, by virtue of arrangements made by the Secretary of State, a relevant absent voting application may be made through the digital service—

(a) the Secretary of State may complete the application in part using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act for registration in, or alteration of, a register of electors made through or completed using the digital service;

(b) where the application is required to contain a signature, the application must contain a compliant photograph or electronic scan of the applicant’s signature;

(i) request that the applicant provide their most recent previous name (if they have one), and

(ii) provide an explanation of the purpose for which the information will be used.

(8) In paragraph (7)(b), “compliant photograph or electronic scan of the applicant’s signature” means—

(a) the signature contained in the photograph or electronic scan complies with the requirements of sub-paragraph (a) of paragraph (3A), and

(b) the photograph or electronic scan of the signature is sufficiently clear and unambiguous so as to comply with the requirements of paragraph (3A).

(9) Where an applicant is unable to provide a national insurance number in accordance with paragraph (2)(aa), the applicant may provide as part of the application a copy of any of the documents listed in regulation 56C(2) to (4).

(10) The Secretary of State must send to the registration officer—

(a) subject to paragraph (11), any relevant absent voting application the Secretary of State receives,

(b) the applicant’s previous name (if any provided),

(d) a reference number unique to that application.

(11) Where a relevant absent voting application made through the digital service in accordance with paragraph (7) includes the applicant’s national insurance number the Secretary of State—

(a) may send the registration officer that application without the national insurance number, and

(b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.

Additional requirements for applications for the appointment of a proxy

52

(A1) Paragraph (1) applies to an application for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election, or at a local government election in England, where that application is—

(a) included in an application under paragraph 3 or 4 of Schedule 4 in accordance with regulation 51(6), or

(b) otherwise made under paragraph 6(7) or (8) of Schedule 4.

(1) An application ... shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, ... and-

(a) if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or

(b) if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

(1ZA) If the application for the appointment of a proxy is for the purposes of voting by proxy at a local government election in Wales, the application must also state the family relationship, if any, of the proxy with the applicant.

(1A) Paragraph (1B) applies where—

(a) an application under paragraph 6(7) or (8) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election or at a local government election in England is made by a person (“A”);

(b) A has previously appointed a person (“B”) as A’s proxy for those purposes;

(d) A’s application is made on grounds relating to voter identification which relate to B.

(1B) Where this paragraph applies A’s application must—

(a) state that this paragraph applies, and

(b) state, to the best of A’s knowledge and belief, which of the conditions set out in regulation 56A apply in respect of B.

(1C) In paragraph (1A)—

(a) in sub-paragraph (a), the reference to an application under paragraph 6(8) of Schedule 4 includes such an application which is included in an application under paragraph 4(2) of Schedule 4;

(b) in sub-paragraph (d), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

53

(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(b) of Schedule 4 shall specify the disability by reason of which it is made.

(2) Subject to paragraph (3) below, such an application shall be attested and signed by—

(a) a registered medical practitioner;

(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing;

(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989;

(e) a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010;

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993;

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994;

(h) a Christian Science practitioner;

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) a person registered as a member of a profession to which the Health Professions Order 2001 for the time being extends, or registered in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017;

(k) the person carrying on a care home registered under Part 2 of the Care Standards Act 2000;

(ka) the person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of Part 1 of that Act) which is provided wholly or mainly to persons aged 18 or over;

(l) the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that he resides in such premises;

(m) a manager within the meaning of section 145(1) of the Mental Health Act 1983, or on behalf of such a manager; or

(n) a person registered in the register for social workers maintained in accordance with section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016.

(3) A person who qualifies—

(a) by virtue of any of sub-paragraphs (a) to (j) of paragraph (2) above, may not attest an application for these purposes unless—

(i) he is treating the applicant for the disability specified in the application; or

(ii) the applicant is receiving care from him in respect of that disability; or

(iii) the person is a social worker who qualifies by virtue of sub-paragraph (j) of paragraph (2), and has arranged care or assistance for the applicant in respect of that disability; or

(b) by virtue of sub-paragraph (n) of paragraph (2) above, may not attest an application for these purposes unless—

(i) he is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from him in respect of that disability; or

(iii) he has arranged care or assistance for the person in respect of their disability.

(4) The person attesting the application shall state—

(a) his name and address and the qualification by virtue of which he attests the application;

(b) where the person who attests the application is a person referred to in paragraph (3)(a) above, that—

(i) he is treating the applicant for the disability specified in the application; or

(ii) the applicant is receiving care from him in respect of that disability;

(i) he is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from him in respect of that disability; or

(iii) he has arranged care or assistance for the applicant in respect of that disability;

(d) that, to the best of his knowledge and belief, the applicant has the disability specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that disability; and

(e) that, to the best of his knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

(5) Paragraphs (2) to (4) above shall not apply where—

(a) the application is based on the applicant’s severe sight-impairment and the applicant is registered by the local authority which is specified in the application as—

(i) a severely sight-impaired person in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014; or

(ii) a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults); or

(b) the application states that the applicant is in receipt of one of the following, because of the disability specified in the application—

(i) the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992),

(ii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,

(iii) the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012),

(iv) the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018),

(v) the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018), or

(vi) the higher rate of the mobility component of a Scottish adult disability living allowance (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018).

(5A) A person who qualifies by virtue of sub-paragraph (m) of paragraph (2) above, shall, instead of the matters specified in paragraph (4)(a) above, state in the attestation—

(i) his name;

(ii) his position in the hospital at which the applicant is liable to be detained or at which he is receiving treatment;

(iii) that he is a person authorised to make the attestation; and

(iv) in the case of an applicant who is liable to be detained in hospital, the statutory provision under which the applicant is liable to be so detained.

(6) The fact that an applicant is registered ... as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults) or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014 shall be deemed sufficient evidence that he is eligible to vote by proxy on the grounds set out in paragraph 3(3)(b) of Schedule 4.

(7) In this regulation and in regulations 54 and 55 below, “his allotted polling station”, in relation to an elector means the polling station allotted or likely to be allotted to him under the appropriate rules (as defined in paragraph 1 of Schedule 4).

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

54

(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(c) of Schedule 4 shall state—

(a) whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse or civil partner or, as the case may be, it is the applicant or his spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made;

(b) the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;

(c) where the person in respect of whose occupation, service or employment it is made (in this regulation referred to as “the employed person”) is self employed, that fact; and in any other case the name of that person’s employer;

(d) the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to his allotted polling station.

(2) Such an application shall be attested and signed—

(a) where the person is self-employed, by a person who—

(i) is aged 18 years or over;

(ii) knows the self-employed person; and

(iii) is not related to him;

(b) by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c) in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.

(3) The person attesting an application made under paragraph (2) above shall—

(a) where the applicant is the employed person or the person attending the course, certify that the statements required by sub-paragraphs (a) to (d) of paragraph (1) above to be included in the application are true; or

(b) where the applicant is the spouse or civil partner of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (a) to (c) of paragraph (1) above are true.

(4) The person attesting an application under paragraph (2) above shall also state—

(a) his name and address, that he is aged 18 years or over, that he knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to him; and

(b) if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or

(c) if he is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post he holds at that institution.

(5) For the purposes of this regulation, one person is related to another if he is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

The Representation of the People (England and Wales) Regulations 2001

PART I — GENERAL, INTERPRETATION AND MISCELLANEOUS

Citation, commencement and extent

1

Revocations

2

Interpretation

3

Forms

4

Communication of applications, notices etc.

5

Electronic signatures and related certificates

6

Copies of documents

7

Time

8

Official poll card at parliamentary elections

9

Return and declaration of election expenses

10

Interference with notices etc.

11

Device referred to in rule 29(3A) (b) of parliamentary elections rules

12

Registration of European Parliamentary overseas electors

13

PART II — SERVICE AND OVERSEAS ELECTORS' DECLARATIONS

Service declarations

Qualification for Crown servant

14

Contents of service declaration

15

Transmission of service declaration

16

Notification by registration officer in respect of service declarations

17

Overseas electors' declarations

Contents of overseas elector’s declaration

18

Certain declarants to supply copy of birth certificates

19

Attestation of certain overseas electors' declarations

20

Transmission of overseas elector’s declaration

21

Notification about registration as overseas elector

22

PART III — REGISTRATION

Information about electors

Power to require information

23

Evidence as to age and nationality

24

Reminders to electors registered pursuant to a declaration

25

Applications for registration

26

Objections to registration

27

Inspection of applications and objections

28

Determination of applications and objections

Procedure for determining applications for registration and objections without a hearing

29

Notice of hearing

30

Hearing of applications and objections

31

Registration appeals

32

Circumstances when the power in section 10A(5)(b) of the 1983 Act applies

33

Retaining entries in register

34

Registration officer’s right to inspect certain records

35

Notices in connection with registration

36