The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013

Regulations 10 and 11 amend and expand regulation 26 of the principal Regulations to deal with applications for registration under the new system and insert new regulation 26A into the principal Regulations. The amended regulation 26 prescribes the form and content of applications under sections 10ZC or 10ZD of the 1983 Act, in particular requiring the applicant to provide their date of birth and national insurance number as evidence that they are the person named in the application. Regulation 26(3) confers the function of designing the paper application form on the Electoral Commission and prescribes the information which must be included in it. Regulation 26(9) allows applications to be made online through the Individual Electoral Registration Digital Service. Regulation 26(8) allows an electoral registration officer to accept applications through assisted means, either by telephone or in person.

The new regulation 26A deals with applications for alteration of a name on the register. Regulation 26B makes provision for cases where certain information required by regulation 26 is not available or where a registration officer considers that additional evidence is necessary to verify the identity of a person. The registration officer may require prescribed alternative or additional documentary evidence that a person is the person named in the application. If the person is unable to provide that evidence, they may instead be required to provide an attestation under regulation 26B(5).

There are special provisions relating to service electors and overseas electors.

Regulation 14 inserts into the principal Regulations new regulations 29ZA and 29ZB on the verification of information provided in an application. Regulation 29ZB deals with the processing of information, including the retention and deletion of information, and provides that an offence will be committed if information is disclosed in breach of the regulation.

Regulation 21 amends regulation 31I of the principal Regulations to include additional orders and injunctions for the purpose of an application for an anonymous entry in the electoral register.

Regulation 22 inserts new regulations 32ZA to 32ZI into the principal Regulations. Regulation 32ZA provides for the annual canvass, including requirements for the design of the annual canvass form and the manner in which forms must be given. Regulation 32ZB provides for the steps a registration officer must take when no information is received in response to a form. Regulations 32ZC and 32ZD provide for invitations to apply for registration and the steps to be taken by a registration officer to encourage a person to make an application for registration. Regulation 32ZE sets out the conditions under which a registration officer may require a person to apply for registration, including provision for the giving of a notice of the requirement. Regulations 32ZF to 32ZI allow for the imposition of a civil penalty under section 9E(7) of the 1983 Act and give details of the requirements for notice of the penalty, the payment, enforcement and cancellation of the penalty and the review of and appeals against a penalty.

Regulation 24 amends the principal Regulations to allow a voter to apply for a proxy voting arrangement after 5 p.m. on the sixth day before the date of the poll (an emergency proxy vote) on grounds relating to occupation, service or employment.

Regulation 25 amends regulation 56 of the principal Regulations to provide that, notwithstanding the deadline otherwise provided for in that regulation, an application to cancel or change an absent vote cannot be made after a postal vote has been returned.

Regulations 26 to 30 make provision about cancellation of postal ballot papers, requiring postal voters to provide fresh signatures to registration officers, requiring registration officers to provide information to returning officers and acting returning officers and the time when ballot papers are to be issued.

Regulations 32 and 33 amend the principal Regulations to make provision for a returning officer to check the personal identifiers (date of birth and signature) on every returned postal voting statement against the identifiers held on file.

Regulations 34 to 36 amend the principal Regulations to require a returning officer to keep a list recording the details of every postal voting statement that was rejected and to forward that to the relevant registration officers.

Regulations 37 to 40 make provision in relation to the edited register. Regulation 45 introduces Schedule 3 and prescribes a long version and a short version of a form of words which registration officers must use to describe the electoral registers and the purposes for which they are used.

Regulations 41 to 43 amend the principal Regulations so as to require registration officers to provide the Electoral Commission on request one copy of any revised version of the register and make consequential amendments.

An overall impact assessment in relation to the individual electoral registration scheme is available on the Cabinet Office website at http://www.cabinetoffice.gov.uk/sites/default/files/resources/IER-Impact.

Footnotes

[^f00001]: Under article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837) these powers are exercisable concurrently by the Secretary of State and the Lord President of the Council.

[^f00002]: 1983 c. 2; section 53(5) was inserted by paragraph 5 of Schedule 2 to the Electoral Registration and Administration Act 2013.

[^f00003]: 2000 c. 41.

[^f00004]: Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act (c. 41) and article 5(b) of S. I. 1991/1728.

[^f00005]: S.I. 2001/341: relevant amending enactments are the Counter-Terrorism Act 2008 (c.28) (Schedules 1 and 9), SI 2001/1700, 2005/2114, 2006/752, 2006/2910 and 2009/725.

[^f00006]: 1983 c. 2; section 10ZC was inserted by section 1 of and section 10ZD by paragraph 1 of Schedule 1 to the Electoral Registration and Administration Act 2013 c. 6.

[^f00007]: 1998 c.29.

[^f00008]: 1998 c. 29.

[^f00009]: 2007 c. 30.

[^f00010]: 1968 c. 27.

[^f00011]: 1976 c. 63.

[^f00012]: 1992 c. 4.

[^f00013]: 1983 c. 2; section 13(1) was substituted by section 5(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006 c. 33.

[^f00014]: 1984 c. 12; paragraph 1 has been amended but no amendments are relevant to these Regulations.

[^f00015]: S. I. 2013/794

[^f00016]: 1997 c. 40; section 8 was amended by section 1(1) of the Domestic Abuse (Scotland) Act 2011 asp 13 and section 16 of, and Schedule 2 to, the Damages (Scotland) Act 2011 asp 7. Section 8A was inserted by section 1(2) of the Domestic Abuse (Scotland) Act 2011.

[^f00017]: 1981 c. 59; section 14 was amended by section 10 of, and Schedule 3 to, the Family Law (Scotland) Act 2006 asp 2 and by article 6 of the Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384).

[^f00018]: Section 18A was inserted by section 31(3) of the Family Law (Scotland) Act 2006.

[^f00019]: 2004 c. 33; section 113 was amended by sections 33 and 45(2) of, and paragraph 8 of Schedule 1 and Schedule 3 to, the Family Law (Scotland) Act 2006 and by article 10 of the Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384).

[^f00020]: 2011 asp 13.

[^f00021]: 2001 asp 14; section 1 was amended by sections 32 and 45(2) of, and Schedule 3 to, the Family Law (Scotland) Act 2006.

[^f00022]: 1996 c. 27; Part 4A was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 c. 20.

[^f00023]: 2007 c. 20.

[^f00024]: 2011 asp 15.

[^f00025]: “the 1983 Act” is defined by regulation 3(1) of S.I. 2001/341 to mean the Representation of the People Act 1983 (c.2); section 13B was inserted by Schedule 1 to the Representation of the People Act 2000 (c.2).

[^f00026]: 2011 c.14.

[^f00027]: Section 9B(1)(c) was inserted by section 10(1) of the Electoral Administration Act 2006 (c. 22).

[^f00028]: Section 9E(2), (3) and (6) were inserted by section 5 of the Electoral Registration and Administration Act 2013 (c. 6).

[^f00029]: Section 10ZC(2) and (3) were inserted by section 1 of the Electoral Registration and Administration Act 2013 (c. 6).

[^f00030]: Section 10ZD(2) and (3) were inserted by paragraph 1 of Schedule 1 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00031]: Section 10ZE(4) and (6) were inserted by paragraph 1 of Schedule 1 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00032]: Section 53(1)(b) was substituted by section 8 of and paragraphs 1and 13(b) of Schedule 1to the Representation of the People Act 2000 (c. 2) ; section 53(3) was amended by paragraph 13 of Schedule 4 to the Representation of the People Act 1985 ( c. 50); section 53(4) was inserted by section 74(1) of and paragraphs 104 and 109 of Part 7 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00033]: Section 201(3) was inserted by paragraphs 1 and 21 of Schedule 1 to the Representation of the People Act 2000 (c. 2).

[^f00034]: 1983 c. 2.

[^f00035]: Schedule ZA1 was inserted by Schedule 3 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00036]: Rule 24 was substituted by section 37 of the Electoral Administration Act 2006 (c. 22).

[^f00037]: Rule 28(3) was amended by paragraphs 69, 70(1) and (3) of Schedule 1 to the Electoral Administration Act 2006 c. 22.

[^f00038]: Paragraph 1(2) was amended by section 13(1) of and paragraphs 1, 20(1) and (2)(a) of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00039]: Paragraph 1 (2A) was inserted by section 2 of and Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00040]: Paragraph 1A was inserted by section 2 of and Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00041]: Paragraph 3ZA was inserted by section 2 of and Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00042]: Paragraph 5(1B)was inserted by section 10(2) and paragraphs 2, 15(1) and (5) of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00043]: Paragraph 5A was inserted by Schedule 2 to the Representation of the People Act 1985 and amended by paragraphs 3 and 11 of Schedule 6 to the Representation of the People Act 2000 (c 2).

[^f00044]: Paragraph 8C was inserted by section 2 of and Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00045]: Paragraph 10B was inserted by section 9 of the Representation of the People Act 2000 (c. 2).

[^f00046]: Paragraph 11 was substituted by section 9 of the Representation of the People Act 2000 (c. 2).

[^f00047]: Paragraph 12 was amended by paragraphs 69 and 94 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00048]: Paragraph 13(1ZB) was inserted by section 2 of and Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6).

[^f00049]: Paragraph 13(1A) was inserted by section 9 of the Representation of the People Act 2000 (c. 2).

[^f00050]: Section 13AB was inserted by section 16 of the Electoral Registration and Administration Act 2013 (c. 6).

[^f00051]: 1985 c. 50.

[^f00052]: 2000 c. 2.

[^f00053]: Paragraph 7B was inserted by section 14 of the Electoral Administration Act 2006 (c. 22).

[^f00054]: Paragraph 7E was inserted by section 22 of the Electoral Registration and Administration Act 2013 (c. 6).

Editorial notes

[^key-f75d78018ad8720fee52eab68fe2a3ed]: Reg. 1 in force at 19.12.2013, see reg. 1(2)

[^key-f3e2b1b75740d25acb7f958e0307ce94]: Reg. 2 in force at 6.4.2014 for specified purposes and 10.6.2014 otherwise, see reg. 1(3)(5)

[^key-cd558a469bc3f81388a6dec1d68740ca]: Reg. 3 in force at 10.6.2014, see reg. 1(5)

[^key-3c00b1d86147d2e2061b1b5e3ea18760]: Reg. 4 in force at 10.6.2014, see reg. 1(5)

[^key-e6e2115afb3b76e36fa9d6db167ff455]: Reg. 5 in force at 10.6.2014, see reg. 1(5)

[^key-dacbc0c8ba79272cc006f3d0b4d20810]: Reg. 6 in force at 10.6.2014, see reg. 1(5)

[^key-57a32565ac8e9336f6ba3bf8ef3cf351]: Reg. 7 in force at 10.6.2014, see reg. 1(5)

[^key-bb44b1188dd594f40de83cfc654834fa]: Reg. 8 in force at 10.6.2014, see reg. 1(5)

[^key-c624ffe3307da831c3b8002b21c6e833]: Reg. 9 in force at 10.6.2014, see reg. 1(5)

[^key-fe1bd6600184ce32ed1cccfe892e8f3b]: Reg. 10 in force at 10.6.2014, see reg. 1(5)

[^key-9d91b1f45f420e995866b75ff2873de3]: Reg. 11 in force at 10.6.2014, see reg. 1(5)

[^key-9d53a12d4b3c93a66b2d2d5e90e69413]: Reg. 12 in force at 10.6.2014, see reg. 1(5)

[^key-57d22d08993d39cd3ad5b0b6412b5435]: Reg. 13 in force at 10.6.2014, see reg. 1(5)

[^key-07b0b7b2988d90d49f2ada3a8bdfd09a]: Reg. 14 in force at 10.6.2014, see reg. 1(5)

[^key-947ac967ce88d1cb7cab5b22fb431c34]: Reg. 15 in force at 10.6.2014, see reg. 1(5)

[^key-26905740f2e42608dac6332bcd009719]: Reg. 16 in force at 10.6.2014, see reg. 1(5)

[^key-1b1bbde31ed6e11b55fedaad744bebc2]: Reg. 17 in force at 10.6.2014, see reg. 1(5)

[^key-06b73667292583a9cd0862644326926e]: Reg. 18 in force at 10.6.2014, see reg. 1(5)

[^key-c0e5a51cfd8ea41b93982fe95224cad8]: Reg. 19 in force at 10.6.2014, see reg. 1(5)

[^key-25e135a2f0dc0ea2916a8e2e006e3651]: Reg. 20 in force at 10.6.2014, see reg. 1(5)

[^key-653e7771e03ff6e88f7f9cdd670a696b]: Reg. 21 in force at 19.12.2013, see reg. 1(2)

[^key-dc6cb21cda902977755ca1ae40eb4d81]: Reg. 22 in force at 10.6.2014, see reg. 1(5)

[^key-b0ae340f17065bdda1140d1a5799fdc2]: Reg. 23 in force at 6.4.2014, see reg. 1(3)

[^key-ca9ebe23e51222da785bd83972de3121]: Reg. 24 in force at 6.4.2014, see reg. 1(3)

[^key-884a248f2fb1bb286fde7605d0bbeebb]: Reg. 25 in force at 6.4.2014, see reg. 1(3)

[^key-060e74ecb0f8ec9daaf0f9de8b421944]: Reg. 26 in force at 6.4.2014, see reg. 1(3)

[^key-ae24f1697b8b13c6d47c116926a9c04f]: Reg. 27 in force at 6.4.2014, see reg. 1(3)

[^key-a150af9b3c4309df14795942ce768f57]: Reg. 28 in force at 6.4.2014, see reg. 1(3)

[^key-1699fdfab26ed529207f8f0422ddb2d6]: Reg. 29 in force at 6.4.2014, see reg. 1(3)

[^key-b819c7e6863a51af6e1ca59877a0e553]: Reg. 30 in force at 6.4.2014, see reg. 1(3)

[^key-2d008cc4b3f5cf79b7dc7c28baff4544]: Reg. 31 in force at 6.4.2014, see reg. 1(3)

[^key-6263dfe0f52c0b01783928ca0f3f296e]: Reg. 32 in force at 6.4.2014, see reg. 1(3)

[^key-3bef383480881d25b87cc8feee05acbc]: Reg. 33 in force at 6.4.2014, see reg. 1(3)

[^key-b8bc022e1ad68d44866ed3f82ef912cc]: Reg. 34 in force at 6.4.2014, see reg. 1(3)

[^key-95b33aba4475a2f99dc1c832ba6c8f29]: Reg. 35 in force at 6.4.2014, see reg. 1(3)

[^key-8979a168b71538ca181ec13096f5a2ba]: Reg. 36 in force at 6.4.2014, see reg. 1(3)

[^key-67881eb54604396589327a4a67b391f4]: Reg. 37 in force at 10.6.2014, see reg. 1(5)

[^key-5d861b8ef8819334931c338cc790b048]: Reg. 38 in force at 10.6.2014, see reg. 1(5)

[^key-0cd44bba795b99b4576b6552444b7a91]: Reg. 39 in force at 10.6.2014, see reg. 1(5)

[^key-5cc93781fee29aa78a3857cc3ed45ed9]: Reg. 40 in force at 10.6.2014, see reg. 1(5)

[^key-24319aa4d851925f5c729cc45f56c88c]: Reg. 41 in force at 6.4.2014, see reg. 1(4)

[^key-5d5a83d512ff7f1e06eccb01b3a0fefa]: Reg. 42 in force at 6.4.2014, see reg. 1(4)

[^key-f6879834ba3c1f0cc98bec75884e85aa]: Reg. 43 in force at 6.4.2014, see reg. 1(4)

[^key-c03cf1e3c56629aad911426e43c84412]: Reg. 44 in force at 6.4.2014, see reg. 1(3)

[^key-3ba280bb37235f6e5a236090b155148c]: Reg. 45 in force at 10.6.2014, see reg. 1(5)

[^key-1cc234e8b397765ffcc16043526fa207]: Reg. 46 in force at 6.4.2014, see reg. 1(3)

[^key-adea62cf8675629a8db4df757d219cdf]: Reg. 47 in force at 6.4.2014, see reg. 1(3)

[^key-5c20b1ee7027cbe91859d02ed411f029]: Reg. 48 in force at 6.4.2014, see reg. 1(3)

[^key-5aacd5cb3a48da2aefdea8332803e81d]: Reg. 49 in force at 6.4.2014, see reg. 1(3)

[^key-d298e1309f9b49d3823c9d7dc80ef181]: Reg. 50 in force at 6.4.2014, see reg. 1(3)

[^key-091d5504f64587e1bb95000cec75b8bc]: Sch. 1 in force at 19.12.2013, see reg. 1(2)

[^key-51336bf889f88e88c216f3415de90a51]: Sch. 2 in force at 6.4.2014 for specified purposes and 10.6.2014 otherwise, see reg. 1(3)(5)