Representation of the People Act 1983 (c. 2)

SCHEDULES

Section 53.

SCHEDULE 2 U.K. Provisions Which May be Contained in Regulations as to Registration Etc.

1 (1) Provisions prescribing the arrangements to be made for the carrying out of his registration duties by a registration officer for part of a constituency, where the constituency is not coterminous with or wholly situated in a district [F1 , Welsh county or county borough] or London borough.

(2) Provisions authorising a registration officer to require persons to give information required for the purpose of his registration duties.

Textual Amendments

F1 Words in Sch. 2 para. 1(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(18) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Modifications etc. (not altering text)

C1 Sch. 2 para. 1(2) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

2 U.K. Provisions imposing on registration officers the duty of requiring persons to give information required for the purpose of the officer’s duty under section 3(1) of the M1 Juries Act 1974.

Marginal Citations

M1 1974 c. 23.

[F2 2A Provisions requiring registration officers to remind persons registered in pursuance of overseas electors’ declarations in a register of parliamentary electors of the need to make fresh declarations in order to be so registered in the subsequent register.]

Textual Amendments

F2 Sch. 2 para. 2A inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 5

Yn ddilys o 01/01/2007

[F3 2B E+W+S Provisions requiring registration officers to remind persons with anonymous entries in registers of the need to make a fresh application and declaration in order for them to remain so registered.]

Textual Amendments

F3 Sch. 2 para. 2B inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(3); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

3 U.K. Provisions laying down a timetable for the preparation of the register and other matters, and providing that notices and other documents received by the registration officer out of time may be or shall be disregarded either altogether or for the purposes of a particular register or election.

Modifications etc. (not altering text)

C2 Sch. 2 paras. 3 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F4 3A U.K. Provisions as to the form and contents of applications for registration, including provisions as to any declarations to be made in connection with them.]

Textual Amendments

F4 Sch. 2 para. 3A inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(5); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C3 Sch. 2 para. 3A extended (N.I) (with modifications) by 1989 c. 3, ss. 2, 13(6), Sch. I Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

Yn ddilys o 01/01/2007

[F5 3B E+W+S Provisions as to the form and content of applications for an anonymous entry and declarations to be made in connection with such applications.]

Textual Amendments

F5 Sch. 2 para. 3B inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(4); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

Provisions as to the manner in which service declarations, and applications and notices from service voters, are to be transmitted to the registration officer

[F6 (2) Provisions as to the manner in which overseas electors’ declarations and applications from persons making such declarations, are to be transmitted to the registration officer.]

Textual Amendments

F6 Sch. 2 para. 4(2) inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 4(7)(a)

Modifications etc. (not altering text)

C4 Sch. 2 paras. 4 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

5 (1) Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person’s service declaration having ceased to be in force.

[F7 (1A) Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency.]

(2) Provisions as to the evidence of age or nationality which may be required in connection with a person’s registration otherwise than as a service voter or with his appointment as a proxy.

(3) Provisions requiring any fee payable in connection with the making for the purpose of the regulations of any statutory declaration to be paid by the registration officer.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 2 para. 5(1A) inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 4(7)(b)

F8 Sch. 2 para. 5(4) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 11, 28, Sch. 2 para. 8, Sch. 5

Modifications etc. (not altering text)

C5 Sch. 2 paras. 3–11A extended (N.I.) (with modifications) by Elected Authorities (29.1.2001 for certain purposes and otherwise Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F9 5A (1) Provision requiring applications under section 6 or 7 of the Representation of the People Act 1985 to be attested and limiting the number of such applications that a person may attest.

(2) Provision requiring a person applying under section 7 of the Representation of the People Act 1985 to do so in person, producing a document of a prescribed description.

(3) Provision as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, in connection with a person’s application to vote by proxy or to vote by post as elector or as proxy.

(4) Provision authorising or requiring registration officers—

(a) to make inquiries of persons included in the record kept under section 6(3) of the Representation of the People Act 1985 for the purpose of determining whether there has been a material change of circumstances; and

(b) to treat failure to respond to such inquiries as sufficient evidence of such a change.]

Textual Amendments

F9 Sch. 2 para. 5A inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 8

Modifications etc. (not altering text)

C6 Sch. 2 para. 5A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C7 Sch. 2 para. 5A applied (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), ss. 10, Sch. 1 para. 28

6 Provisions as to the cases in which a claim or objection may be determined by the registration officer without a hearing, and as to a person’s right in any such cases to make written representations to him.

Modifications etc. (not altering text)

C8 Sch. 2 para. 6 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

7 U.K. Provisions authorising a registration officer to require any person’s evidence at a hearing before him to be given on oath and to administer oaths for the purpose.

Modifications etc. (not altering text)

C9 Sch. 2 paras. 7 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001 for certain purposes and otherwise 14.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

[F10 8 Provisions requiring the registration officer to prepare a special list of those persons entitled to be registered whose addresses are not required to be shown on the electors lists or of any class of such persons, showing the addresses of the person concerned.]

Textual Amendments

F10 Sch. 2 para. 8 substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 87(a)

Modifications etc. (not altering text)

C10 Sch. 2 paras. 8 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

Yn ddilys o 01/01/2007

[F11 8A E+W+S Provisions requiring the registration officer to prepare a record of those persons with anonymous entries in the register showing, in relation to each such person, such information as is prescribed.]

Textual Amendments

F11 Sch. 2 para. 8A inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(6); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

F12 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 2 para. 9 repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 87(b), Sch. 5

10 Provisions requiring copies of the electors lists, register and other documents or prescribed parts of them to be available for inspection by the public at such places as may be prescribed.

Modifications etc. (not altering text)

C11 Sch. 2 paras. 10 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwiseprosp.) by 2000 c. 2, ss. 8, 17(2), Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Yn ddilys o 16/02/2001

[F13 10A U.K. Provisions requiring copies of the full register and other documents, or prescribed parts of them, to be available for inspection by the public at such places as may be prescribed.]

Textual Amendments

F13 Sch. 2 paras. 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

Modifications etc. (not altering text)

C12 Sch. 2 para. 10A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act (c. 3, SIF 42) (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(3)-(5)))

Yn ddilys o 16/02/2001

[F14 10B (1) Provisions authorising or requiring a registration officer— U.K.

(a) to supply to such persons as may be prescribed copies of the full register and other documents, or prescribed parts of them, whether free of charge or on payment of a prescribed fee;

(b) to supply to any persons copies of the edited register, or any prescribed part of it, on payment of a prescribed fee.

(2) Provisions specifying, in relation to any description of persons prescribed by regulations made in pursuance of sub-paragraph (1)(a) above, the purposes for which copies supplied to such persons under such regulations, or information contained in them, may be used whether by such persons or by employees or other persons authorised by them in accordance with regulations to have access to such copies or information contained in them.

(3) Without prejudice to the generality of sub-paragraph (1) above or paragraph 11A below, regulations made in pursuance of sub-paragraph (1) may contain any such provisions as are authorised by paragraph 11A.]

Textual Amendments

F14 Sch. 2 paras 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

Modifications etc. (not altering text)

C13 Sch. 2 para. 10A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act (c. 3, SIF 42) (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(3)(4)))

11 Provisions authorising or requiring the registration officer to supply to such persons as may be prescribed copies of the electors lists, register and other documents or prescribed parts of them, whether free of charge or on payment of a prescribed fee.

Modifications etc. (not altering text)

C14 Sch. 2 para. 11 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwiseprosp.) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F15 11A (1) Provisions authorising or requiring registration officers who are data users to supply data, or documents containing information extracted from data and in such form as may be prescribed, to such persons as may be prescribed on payment of a prescribed fee.

(2) In this paragraph “data user” and “data” have the same meanings as in section 1 of the Data Protection Act 1984.]

Subordinate Legislation Made

P1 Sch. 2 para. 11A: s. 53 (with s. 201(1), Sch. 1 rule 37(1F) and Sch. 2 para. 11A) power exercised (N.I.) by S.I.1991/1674.

P2 Sch. 2 para. 11A: for previous exercises of this power, see Index of Government Orders.

Textual Amendments

F15 Sch. 2 para. 11A inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 87(c)

Modifications etc. (not altering text)

C15 Sch. 2 para. 11A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

12 Provisions as to the proceedings in connection with the issue and receipt of ballot papers for voting by post (including provisions as to the persons who are to be entitled or may be allowed to attend and the rights and obligations of persons attending), and provisions as to the steps to be taken to ensure the secrecy of the voting and the safe custody (before and after the count) of the ballot papers returned and other documents.

Yn ddilys o 17/02/2007

[F16 12A S Regulations under section 53 making provision as mentioned in paragraph 12 in relation to a local government election in Scotland may also make provision authorising the cancellation or removal of ballot papers at such an election in any prescribed circumstances;]

Textual Amendments

F16 Sch. 2 para. 12A inserted (S.) (17.2.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 34(4), 63; S.S.I. 2007/26, art. 3(1)(h) (with art. 3(2))

13 (1) Provisions imposing pecuniary [F17 penalties (not exceeding level 3 on the standard scale for any offence)] on persons summarily convicted—

(a) of having failed to comply with, or given false information in pursuance of, any such requisition of the registration officer as is mentioned in paragraph 1 or paragrapn 2 above.

(b) of having, without lawful authority, destroyed, mutilated, defaced or removed 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.

(2) Any other provisions incidental or supplemental to those mentioned in the foregoing paragraphs of this Schedule.

Textual Amendments

F17 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 23, Sch. 3 para. 11

Modifications etc. (not altering text)

C16 Sch. 2 para. 13 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I