The Representation of the People (England and Wales) (Amendment No. 2) Regulations 2014

Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2014 No. 0000

Representation Of The People, England And Wales

The Representation of the People (England and Wales) (Amendment No. 2) Regulations 2014

Made

2014

Coming into force in accordance with regulation 1

The Lord President of the Council makes these Regulations in exercise of the powers conferred by sections 16(g) (having regard to the meaning of “prescribed” in section 202(1)) and 53(1) and (3) of, and paragraphs 2A and 4(1) of Schedule 2 to, the Representation of the People Act 1983(1).

The Lord President of the Council has consulted the Electoral Commission in accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(2).

In accordance with section 201(2) of the Representation of the People Act 1983(3), a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  These Regulations may be cited as the Representation of the People (England and Wales) (Amendment No. 2) Regulations 2014 and come into force 14 days after the day on which they are made.

Amendments to the Representation of the People (England and Wales) Regulations 2001

2.  The Representation of the People (England and Wales) Regulations 2001(4) are amended in accordance with regulations 3 to 6.

3.  In regulation 15 (contents of service declaration)—

(a) in paragraph (3)—

(i) omit “and” at the end of sub-paragraph (a), and

(ii) at the end of sub-paragraph (b) insert—

“, and

(c) any staff number, payroll number or other similar identifying number of that servant.”;

(b) in paragraph (4), for “state a description of the post of that employee” substitute—

“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”.

4.  For regulation 16 (transmission of service declaration) substitute—

“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.”

5.  In regulation 25 (reminders to electors registered pursuant to a declaration)—

(a) after paragraph (3) insert—

“(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.”;

(b) in paragraph (4), for “Paragraph (2) above does” substitute “Paragraphs (2) and (3A) above do”.

6.  In regulation 32 (registration appeals), for paragraph (1) substitute—

“(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(5).”

Signed by authority of the Lord President of the Council

Name

Cabinet Office

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341). Regulations 3 and 4 provide that the declaration made by a Crown servant or British Council employee working abroad, when that person applies to be registered in an electoral register, no longer has to be sent via their employer. However, there is to be an additional requirement to include their staff number in the declaration. A declaration may now be made on-line.

Regulation 5 requires electoral registration officers, where necessary, to send a second reminder to people, such as overseas electors, who are registered by virtue of a declaration, that their declaration is about to expire.

Regulation 6 updates statutory references in the regulation about registration appeals.

An overall impact assessment in relation to the individual electoral registration scheme is available on the Cabinet Office website at https://www.gov.uk/government/publications/individual-electoral-registration-impact-assessment.

(1)

1983 c.2. Sections 16 and 202 have been amended but the amendments are not relevant to this instrument. Section 53(1) and (3) was amended by paragraphs 1 and 13 of Schedule 1, and Schedule 7, to the Representation of the People Act 2000 (c.2) and paragraph 13 of Schedule 4 to the Representation of the People Act 1985 (c.50). Paragraph 2A of Schedule 2 was inserted by section 5 of the Representation of the People Act 1989 (c.28) and amended by paragraphs 1 and 24 of Schedule 1 to the Representation of the People Act 2000. 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.

(2)

2000 c.41. There are amendments to section 7 but none is relevant to this instrument.

(3)

Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and article 5(b) of S.I. 1991/1728.

(4)

S.I. 2001/341, amended by S.I. 2005/2114, 2006/2910, 2006/3406 and 2010/882; there are other amendments which are not relevant to this instrument.

(5)

Section 56(1)(a) to (aa) was substituted by paragraphs 1 and 18 of Schedule 4 to the Electoral Registration and Administration Act 2013 (c.6). Section 56(1)(ab) was inserted by paragraphs 2 and 8 of Schedule 1 to the Electoral Administration Act 2006 (c.22).