The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

Preamble

SCHEDULE 1 Enabling Powers

These Regulations are made under the following powers—

(a) the following provisions of the Representation of the People Act 1983—

(i) sections 7(3)(aa) and (ab), 7A(3)(aa) and (ab), 7C(2)(aa) and (ab), 9(2)(b), 9B(1A), 10ZC(3), 10ZE(4), 13A(2), 13AB(2), 13B(3), (3B) and (3D), 13BC(3)(a) and (6)(a), 15(2)(aa) and (ab), 53(1)(ba) and (c) and 201(3)(1);

(ii) in Schedule 2, paragraphs 1(2) and (2A), 1A(1), (2), (3)(d) to (f) and (6), 2A, 2B, 3ZA(1)(a) and (3), 3ZB(1) and (2), 4(2) and (3), 5(1A) and (1AA), 5ZA(4), 6, 8, 8C(1) and 13(2)(2);

(b) sections 1C(1)(f), 1D(4)(a) and (b) and 1E(1)(e) of the Representation of the People Act 1985(3);

(c) paragraphs 3(1)(b) and (2)(c), 4(1)(b) and (2)(c), 6(7), (8) and (9) and 7B of Schedule 4 to the Representation of the People Act 2000(4);

(d) sections 58(1) and 154(5) of the Police Reform and Social Responsibility Act 2011(5);

(e) sections 18(1) and 21(3) of the Recall of MPs Act 2015(6);

(f) paragraph 13 of Schedule 8 to the Elections Act 2022.

Regulation 1(7)

SCHEDULE 2 Overseas electors: Transitional provisions and Savings

Interpretation

1.  In this Schedule—

“the 1985 Act” means the Representation of the People Act 1985;

“the 2016 Regulations” means the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

“recall petition” has the meaning given in section 1(2) of the Recall of MPs Act 2015.

Savings for pre-commencement applications for registration

2.  The amendments made by the following regulations do not apply in respect of an application to which paragraph 13 of Schedule 7 to the Elections Act 2022 (pre-commencement applications for registration in a register of parliamentary electors) applies—

(a) regulation 4(2) to (5);

(b) regulation 5(2), (3), (7)(a) and (e) to (g), (8) to (13), (15) to (17), (20) and (21)(a);

(c) regulation 9(2) to (5);

(d) regulation 10(2), (6)(a) and (e) to (g), (7) to (12), (14) to (15), (18) and (19)(a).

Transitional provision for overseas electors registered pursuant to pre-commencement applications

3.—(1) This paragraph applies where—

(a) paragraph 14 of Schedule 7 to the Elections Act 2022 (overseas electors registered pursuant to pre-commencement applications) applies in respect of an elector (“the elector”), and

(b) the elector’s entitlement to registration has not been extended following the making of a renewal declaration in accordance with section 1D(2) and (3) of the 1985 Act.

(2) The following do not apply in respect of the elector—

(a) regulation 22A of the 2001 Regulations (reminders to electors registered pursuant to an overseas elector’s declaration) (as inserted by regulation 4(6) and 9(6));

(b) the amendments made by regulations 5(4) and 10(4).

(3) Where a registration officer grants an application made by the elector in accordance with paragraph 3(2) of Schedule 4 to the Representation of the People Act 2000 to vote by proxy, regulation 57(2A)(b) and (2B) of the 2001 Regulations (as inserted by regulations 6(3) and 11(3)) applies as if for “1st November” there were substituted “date”.

(4) Regulation 60A of the 2001 Regulations (as amended by regulations 6(4) and 11(4))—

(a) does not apply in respect of the elector’s entitlement to vote by proxy where that entitlement ends on or before 1st February 2024;

(b) otherwise applies as if, in paragraph (1D)—

(i) in sub-paragraph (a), for “1st July immediately” there were substituted “the later of 1st February 2024 or the date which is three months”;

(ii) in sub-paragraph (b), for “1st November” there were substituted “date”.

(5) Where a registration officer grants an application made by the elector in accordance with regulation 51(1) of the 2016 Regulations (absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland) to sign any recall petition in England, Wales or Scotland by post, paragraph (1B)(a) of that regulation (as amended by regulation 13(3)) applies as if for “1st November” there were substituted “date”.

(6) In this paragraph, “the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001 and the Representation of the People (Scotland) Regulations 2001.

Limitation of certain postal signing entitlements held by overseas electors

4.—(1) This paragraph applies where, immediately before 31st January 2024, a person—

(a) is registered as an elector in pursuance of an overseas elector’s declaration, and

(b) has a relevant postal signing entitlement lasting for—

(i) an indefinite period, or

(ii) a period that would expire after the relevant end date.

(2) A “relevant postal signing entitlement” means an entitlement to sign by post at recall petitions in England, Wales or Scotland resulting from the grant of an application under regulation 51(1) or (7) or 58(5) of the 2016 Regulations.

(3) The person’s relevant signing entitlement ends on the relevant end date (unless it ends sooner).

(4) As soon as practicable after 31st January 2024, the registration officer must alter the record kept under regulation 51(4) or 58(7) of the 2016 Regulations (as the case may be) to reflect any change resulting from sub-paragraph (3) in the period for which the person’s relevant postal signing entitlement lasts.

(5) The registration officer must, before the relevant end date, send the person—

(a) a notice informing the person of the date on which the person’s relevant postal signing entitlement is to end, and

(b) information about how to make a fresh application to sign recall petitions by post (as elector or, as the case may be, as proxy).

(6) In this paragraph—

“overseas elector’s declaration” has the meaning given in regulation 3(1) of the 2016 Regulations;

“relevant end date” means the date until which, by virtue of section 1D(1)(a) or (3)(a) of the 1985 Act, the person is entitled to remain registered in pursuance of an overseas elector’s declaration.

(1)

See section 202(1) for the meaning of “prescribed” in sections 9(2)(b), 9B(1A) 13A(2), 13AB(2), 13B(3), (3B) and (3D) and 13BC(3)(a) and (6)(a). Section 7C was inserted by section 6 of the Representation of the People Act 2000 (c. 2) (“RPA 2000”) and was amended by section 12(3) of the Electoral Administration Act 2006 (c. 22) and paragraph 4 of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6) (“the 2013 Act”). Section 10ZE was inserted by paragraph 1 of Schedule 1 to the 2013 Act. Section 15(2) was substituted by paragraph 8(2) of Schedule 1 to RPA 2000 and amended by section 12(7) of the Electoral Administration Act 2006 and paragraph 15 of Schedule 4 to the 2013 Act. Section 53(1)(ba) was inserted by paragraph 1(b) of Schedule 2 to the Elections Act 2022 (c. 37). Section 201(3) was inserted by paragraph 21 of Schedule 1 to RPA 2000 and amended by paragraph 6(7) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

(2)

Paragraph 1(2) was amended by paragraph 24(2) of Schedule 1 to the Representation of the People Act 2000 (c. 2) (“RPA 2000”) and by paragraph 20(2) of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6) (“the 2013 Act”). Paragraph 1(2A) was inserted by section 2(2) of the 2013 Act and was amended by paragraph 3(2) of Schedule 2 to the Elections Act 2022 (c. 37) (“the 2022 Act”). Paragraph 1A was inserted by paragraph 2 of Schedule 2 to the 2013 Act and was amended by section 20(2)(b) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), by paragraph 18(2) of Schedule 19 to the Data Protection Act 2018 (c. 12) and by paragraph 4 of Schedule 2 to the 2022 Act. Paragraph 2A was inserted by section 5 of the Representation of the People Act 1989 (c. 28) and was amended by paragraph 24(4) of Schedule 1 to RPA 2000. Paragraph 2B was inserted by paragraph 15(3) of Schedule 1 to the Electoral Administration Act 2006 (c. 22). Paragraph 3ZA was inserted by section 2(3) of the 2013 Act and sub-paragraph (1) was amended by paragraph 5(2) of Schedule 2 to the 2022 Act. Paragraph 3ZB was inserted by paragraph 4(2) of Schedule 7 to the 2022 Act. Paragraphs 4(2) and 5(1A) were inserted by section 4 of the Representation of the People Act 1985 (c. 50). Paragraphs 4(3) and 5(1AA) were inserted by paragraph 4 of Schedule 7 to the 2022 Act. Paragraph 5ZA was inserted by paragraph 7 of Schedule 2 to the 2022 Act. Paragraph 6 was amended by paragraph 24(6) of Schedule 1 to RPA 2000. Paragraph 8 was substituted by paragraph 85 of Schedule 4 to the Representation of the People Act 1985 and amended by paragraph 24(7) of Schedule 1 to RPA 2000. Paragraph 8C was inserted by paragraph 3 of Schedule 2 to the 2013 Act and sub-paragraph (1) was amended by section 20(2)(c) of the Northern Ireland (Miscellaneous Provisions) Act 2014 and by paragraph 10 of Schedule 2 to the 2022 Act.

(3)

See section 202(1) of the Representation of the People Act 1983 (c. 2), as read with section 27(2) of the Representation of the People Act 1985, for the meaning of “prescribed”.

(4)

See section 202(1) of the Representation of the People Act 1983, as read with paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000, for the meaning of “prescribed”. Paragraph 4(1)(b) and (2)(c) was amended by section 14(2)(b) and (8) of the Electoral Administration Act 2006. Paragraph 7B was inserted by section 14(4) of the Electoral Administration Act 2006.

(5)

Section 58(1) was amended by S.I. 2021/1265. Section 154(5) was amended by S.I. 2014/268, 2021/1265.

(6)

See section 22(1) for the meaning of “the Minister”.