The Representation of the People (England and Wales) Regulations 2001

[F1 Verification of information provided in a relevant absent voting application E+W

56B.— (1) On receipt of a relevant absent voting application made otherwise than through the digital service, a registration officer must disclose the applicant’s name or names, address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Levelling Up, Housing and Communities in such format and through such an infrastructure system as the Secretary of State for Levelling Up, Housing and Communities may have notified to the registration officer in writing.

(2) Following receipt of the first stage information from the registration officer or, in the case of an application made through or partially completed using the digital service, from an applicant, the Secretary of State for Levelling Up, Housing and Communities may disclose the first stage information to the Secretary of State for Work and Pensions.

(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a) the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

(i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development), and

(ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs), and

(b) any other information contained in such types of data which relates to the information disclosed under paragraph (2).

(4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for Levelling Up, Housing and Communities.

(5) On receipt of the second stage information, the Secretary of State for Levelling Up, Housing and Communities may disclose that information—

(a) to the Secretary of State for Work and Pensions, or

(b) to the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates.

(6) Paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under paragraph (5)(a) as it applies to the first stage information disclosed under paragraph (2).

(7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for Levelling Up, Housing and Communities.

(8) On receipt of the third stage information, the Secretary of State for Levelling Up, Housing and Communities may—

(a) compare the third stage information against the information provided in the relevant absent voting application, and

(b) notify the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates, as to whether the comparison in sub-paragraph (a) resulted in a match.

(9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Levelling Up, Housing and Communities in accordance with this regulation when determining the application.

(10) This regulation does not apply in relation to an application under paragraph 4(2) of Schedule 4—

(a) which is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it is made, and

(b) where regulation 56(3A) or (3D) applies.

(11) In paragraph (1)—

(a) “infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003;

(b) the reference to the applicant’s address is a reference to the address contained in the application in accordance with regulation 51(2)(b).]

Textual Amendments

F1 Regs. 56B-56D inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 5(8)

Modifications etc. (not altering text)

C1 Regs. 56B-56D applied (with modifications) (31.10.2023) by S.I. 2012/323, Sch. 4 Table 6 (as amended by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 15(5)(c)(vi))

C2 Regs. 56B-56D applied (with modifications) (31.10.2023) by S.I. 2012/444, Sch. 4 Table 6 (with reg. 27) (as amended by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 16(5)(c)(vi))

C3 Regs. 56B-56D applied (with modifications) (31.10.2023) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Table 6 (as amended by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 18(5)(c)(vi))