The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2015

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

2015 No. 0000

Representation Of The People, England And Wales

The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2015

Made

2015

Coming into force in accordance with regulation 1

The Chancellor of the Duchy of Lancaster makes these Regulations in exercise of the powers conferred by sections 10ZC(3), 10ZD(3) and 53(1) and (3) of, and paragraphs 1, 1A, 1B, 2 and 3ZA of Schedule 2 to, the Representation of the People Act 1983(1) and, having regard to the meaning of “prescribed” in section 202(1), by sections 13A(2), 13AB(2) and 13B(3), (3B) of that Act(2).

The Chancellor of the Duchy of Lancaster has consulted the Electoral Commission, the Information Commissioner and such other persons as he considered appropriate in accordance with section 53(5) of that Act(3) and (in the case of the Electoral Commission) with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(4).

In accordance with section 201(2) of the Representation of the People Act 1983(5), 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 2015 and come into force on the day 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(6) are amended in accordance with regulations 3 to 12.

3.  In regulation 3(3A) (interpretation), omit “29”.

4.  In regulation 26 (applications for registration)—

(a) in paragraph (1)(a), omit from “and any previous name” to the end;

(b) in paragraph (1)(e), for “over 70 years old” substitute “aged 76 or over”;

(c) after paragraph (3)(e), insert—

“(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;”.

5.  In regulation 29ZA(1) (verification of information provided in an application), for “26(1)(a), (e) and (f) or under regulation 26A(1)(a), 26A(1)(b) and 26A(5)” substitute “26 or 26A”.

6.—(1) In regulation 29 (procedure for determining applications for registration and objections without a hearing) for paragraph (2BA) to (2BE) substitute—

“(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, 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—

(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)(b), 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 Chancellor of the Duchy of Lancaster to the forms; and

(c) then make them available to registration officers.”.

(2) The amendment made by paragraph (1) does not apply in respect of any application for registration made to the registration officer before the date on which these regulations come into force.

7.—(1) In regulations 31B(1) (other determinations by registration officers of entitlement to registration) and 31C(1) (summary procedure for determining in specified circumstances person has ceased to satisfy conditions for registration), for “31F” substitute “31FZA”.

(2) After regulation 31F insert–—

“Notification of outcome of reviews

31FZA.   Where the registration officer is required to send the subject of the review a notice under regulation 31D(2), the registration officer must notify the subject of the review in writing of its outcome and when doing so—

(a) state whether there is a right of appeal under section 56(1)(azd) or (aa)(7) of the 1983 Act;

(b) specify the time within which any notice of appeal under that section must be given (in accordance with regulation 32(2)); and

(c) provide such other information about the appeal that the registration officer considers necessary.”.

(3) The amendments made by paragraphs (1) and (2) do not apply in respect of any review in respect of which a notice under regulation 31D(2) has been sent before the date on which these regulations come into force.

8.  In regulation 31FA (determinations of entitlement to remain registered during the annual canvass)—

(a) for “31F” substitute “31FZA”; and

(b) after “made”, insert “, and the subject of the review to be notified of the determination,”.

9.  In regulation 32ZA(5)(b)(8) (annual canvass), for “more than 70 years old” substitute “aged 76 or over”.

10.  In regulation 35(2)(b) (registration officer’s right to inspect certain records), for “any registrar of births and deaths” substitute “any superintendent registrar of births, deaths and marriages, registrar of births and deaths or registrar of marriages”.

11.  In regulation 36(2)(b) (notices in connection with registration), for “regulation 31C(2)(b)(ii) or (iii)” substitute “regulation 29(2BA), 31C and 31FZA”.

12.  In regulation 61B(3)(a) (the personal identifiers record) for “in regulation 85” substitute “in regulation 85A”.

Signed by authority of the Chancellor of the Duchy of Lancaster

Name

Minister for Constitutional Reform

Cabinet Office

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend certain regulations in the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) which relate to the new system of individual electoral registration.

Regulation 4(a) and (c) amends regulation 26 so that there is no longer a requirement to provide the applicant’s previous name on the application for registration but instead the Electoral Commission is required, when designing the application form, to provide a space for non-mandatory provision of the applicant’s most recent previous name.

Regulation 4(b) amends the requirement for applicants to provide information as to their age on their application for registration to reflect the amendments to the upper age limit for jury service made by section 68 of the Criminal Justice and Courts Act 2015 (c. 2).

Regulation 5 amends the reference in regulation 29ZA(1) to the provisions of regulation 26 and 26A. The effect of the amendment is to require the registration officer to disclose the applicant’s most recent previous name, where provided on the application for registration, to the Chancellor of the Duchy of Lancaster for verification purposes.

Regulation 6 amends regulation 29, which has the effect of amending the provisions in relation to the way in which the registration officer gives confirmation to the applicant when their application has been successful. The confirmation must contain the date on which the applicant’s name will be added to the other register, request the recipient to inform the registration officer if the person is not resident at that address, and inform an applicant previously registered at another address that their entry on that register for that address will be removed.

Regulation 7 inserts a new provision, regulation 31FZA, and makes consequential amendments to regulation 31B(1) and 31C(1). The new provision requires the registration officer to send the subject of the review notice in writing of the outcome of the review and provide information about the appeal process.

Regulation 8 amends regulation 31FA, requiring the registration officer, so far as reasonably practicable, to take steps to notify the subject of the review of the outcome of the review before publication of the revised register where the review takes place during the canvass period.

Regulation 9 amends the requirement for electoral registration officers, if practicable, to print on the annual canvass form an indication as to whether each person registered at the address to which the canvass form is provided is aged 76 or over to reflect the amendments to the upper age limit for jury service made in the Juries Act 1974 (c. 23) by section 68 of the Criminal Justice and Courts Act 2015 (c. 2).

Regulation 10 amends regulation 35(2)(b) to authorise electoral registration officers to inspect the records of a registrar of marriages or a superintendent registrar of births, deaths and marriages for the purpose of their registration duties. Registration officers are already permitted to inspect the records of registrars of births and deaths.

Regulation 11 amends regulation 36(2)(b), making changes to the categories of cases when a notice of alteration does not need to be sent to a person affected by its contents.

Regulation 12 makes a consequential amendment to regulation 61B(3)(a) as a consequence of an earlier revocation of regulation 85 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341).

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

(1)

1983 c. 2. Sections 10ZC and 10ZD were inserted by section 1 of, and paragraph 1 of Schedule 1 to, the Electoral Registration and Administration Act 2013 (“the 2013 Act”) (c. 6). 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). Relevant amendments were made to paragraph 1 of Schedule 2 to the Representation of the People Act 1983 (c. 2) by section 2 of, and paragraphs 1 and 20 of Schedule 4 to, the 2013 Act. Paragraph 1A was inserted by paragraphs 1 and 2 of Schedule 2 to the 2013 Act. Paragraph 1B was inserted by paragraph 20(3) of Schedule 4 to the 1983 Act. Paragraph 3ZA was inserted by section 2 of the 2013 Act. Under article 3 of the Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376) these powers are exercisable concurrently by the Secretary of State and the Chancellor of the Duchy of Lancaster.

(2)

Sections 13A and 13B were substituted by paragraphs 1 and 6 of Schedule 1 to the Representation of the People Act 2000. Section 13A(2) was amended by paragraph 4 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33). Section 13AB was inserted by section 16 of the Electoral Registration and Administration Act 2013. Section 13B(3B) and (3D) was inserted by section 11 of the Electoral Administration Act 2006 (c. 22). Section 202 has been amended but the amendments are not relevant to this instrument.

(3)

Section 53(5) was inserted by paragraph 5 of Schedule 2 to the Electoral Registration and Administration Act 2013.

(4)

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

(5)

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.

(6)

S.I. 2001/341, amended by S.I.s 2002/1871, 2006/2910, 2013/3198 and 2015/467; there are other amendments which are not relevant to this instrument.

(7)

Section 56(1)(azd) and (aa) were inserted by section 13(1) of, and paragraph 18 of Schedule 4 to, the Electoral Registration and Administration Act 2013.

(8)

Inserted by regulation 22 of S. I. 2013/3198.