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

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SCHEDULE 1E+WENABLING POWERS

Commencement Information

I1Sch. 1 in force at 16.2.2001, see reg. 1(1)

These Regulations are made under the following powers:

(a)sections 10A(7) and (9)(1), 13A(6), 36(3C)(2), 53(3) and 201(1) and (3)(4) of, rule 24(5) of Schedule 1 and Schedule 2(6) to, the Representation of the People Act 1983 (“the 1983 Act”);

(b)sections 3(5), (6) and (7)(7) and 15(5) of the Representation of the People Act 1985 (“the 1985 Act”);

(c)having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)(8), 9(2)(9), 10A(1), (3), (6) and (7), 13(3), 13A(2), 13B(3), 14(1), 16, 56(1) and (5), 75(3) and 89(1) of, rules 24, 28(3), 29(3A)(10), 32(3) and 45(1B)(11) in Schedule 1 to, and paragraph 8(1) of Schedule 4 to, that Act;

(d)having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2) of the 1985 Act, section 2(3) of the 1985 Act(12);

(e)having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000, the following provisions in that Schedule, namely, paragraphs 3(1)(b) and (2)(c), 4(1)(b), (2)(c) and (4)(a), 6(7) and (8) and 7(5)(c) and (7);

(f)having regard to the designation(13) of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972(14) in relation to measures relating to the rights of citizens of the Union to vote at European Parliamentary elections and local government elections in England and Wales, that section 2(2); and

(g)paragraph 2(4)(b) of Schedule 1 to the European Parliamentary Elections Act 1978(15).

Regulation 2

SCHEDULE 2E+WREVOCATIONS

Commencement Information

I2Sch. 2 in force at 16.2.2001, see reg. 1(1)

123
Regulations revokedReferencesExtent of revocation
The Representation of the People Regulations 1986S.I. 1986/1081The whole Regulations except regulations 1, 4 and 97 to 100
The Representation of the People (Amendment) Regulations 1990S.I. 1990/520The whole Regulations except regulations 29 to 31
The Representation of the People (Amendment) Regulations 1991S.I. 1991/1198The whole Regulations
The Representation of the People (Amendment) Regulations 1992S.I. 1992/722The whole Regulations
The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994S.I. 1994/342Part I of the Schedule
The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995S.I. 1995/1948Paragraphs 12 to 16 of Schedule 2
The Representation of the People (Amendment) Regulations 1997S.I. 1997/880The whole Regulations

F1F1F2F3F4F5F6F7F8F9F10F11F12F13F14F15F16F17SCHEDULE 3E+WFORMSARRANGEMENT OF FORMS

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I3Sch. 3 in force at 16.2.2001, see reg. 1(1)

[F18Form A: Official poll card (to be sent to an elector voting in person)]
[F18Form A1: Official postal poll card (to be sent to an elector voting by post)]
[F18Form B: Official proxy poll card (to be sent to an appointed proxy voting in person)]
[F18Form B1 Official proxy postal poll card (to be sent to an appointed proxy voting by post)]
Form C:Return of expenses required by section 75 of the 1983 Act
Form D:Declaration as to expenses required by section 75 of the 1983 Act
Form E:Proxy paper
Form F:Certificate of employment
Form G:[F19postal voting statement] (for use at parliamentary elections)
Form H:[F19postal voting statement] (for use when postal ballots are combined)
Form J:[F19postal voting statement] (for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)
Form K:Statement as to postal ballot papers
[F20Form L1 Corresponding Number List for use at parliamentary election taken alone]
[F20Form L2 Corresponding Number List for use in polling station at parliamentary election taken alone ]
[F20Form M1 Corresponding Number List for use when parliamentary election combined with a relevant election or referendum ]
[F20Form M2 Corresponding Number List for use in polling station when parliamentary election combined with a relevant election or referendum ]

Textual Amendments

Regulation 9(2)

Form A:E+WELECTOR'S OFFICIAL POLL CARD

Form A1:E+WELECTOR'S OFFICIAL POSTAL POLL CARD

Regulation 9(3)

Form B:E+WPROXY'S OFFICIAL POLL CARD

Form B1:E+WOFFICIAL PROXY POSTAL POLL CARD

Regulation 10(1)

Form C:E+WRETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

Form D:E+WDECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 57(3)

Form E:E+WPROXY PAPER

Regulation 63(1)

Form F:E+WCERTIFICATE OF EMPLOYMENT

Regulation 66(a)

Form G:E+W

Form HE+WE+W

Regulation 66(c)

Form J:E+W

Form K:E+WSTATEMENT AS TO POSTAL BALLOT PAPERS

Form L1:E+WCORRESPONDING NUMBER LIST FOR USE AT PARLIAMENTARY ELECTION TAKEN ALONE

Form L2:E+WCORRESPONDING NUMBER LIST FOR USE IN POLLING STATION AT PARLIAMENTARY ELECTION TAKEN ALONE

Form M1:E+WCORRESPONDING NUMBER LIST FOR USE WHEN PARLIAMENTARY ELECTION COMBINED WITH A RELEVANT ELECTION OR REFERENDUM

Form M2:E+WCORRESPONDING NUMBER LIST FOR USE IN POLLING STATION WHEN PARLIAMENTARY ELECTION COMBINED WITH A RELEVANT ELECTION OR REFERENDUM

Regulation 13

SCHEDULE 4E+WAPPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

Commencement Information

I4Sch. 4 in force at 16.2.2001, see reg. 1(1)

12
Provision appliedModification
PART I: THE 1983 ACT
Section 4(5) (attainers)(16)
Section 9 (register of electors)(17)

In subsection (1)(a) omit “for each constituency or part of a constituency”.

[F21In subsection (2) omit “Subject to section 9B(3) below,”.]

Omit subsection (2)(b).

Omit subsections (5) to (8).

[F22Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)]

[F23In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002”.

In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”.

In subsection (4) omit paragraph (b).

In subsection (9) omit the definition of “resident”.]

Section 13 (publication of registers)(18)

For subsections (1) to (3) substitute:

“(1) Where a register under section 3 of the 1985 Act is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under this section as it has effect for the purposes of such registers.”.

Section 13A (alteration of registers)

[F24In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”.

In subsection (1)(c) omit “or 58”.

In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.

For subsection (3) substitute:

“(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a)at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or

(b)at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,

and in such a case the alteration in question shall be made in those revised versions of the registers.”].

Section 13B (alteration of register: pending elections)

For subsection (4) substitute:

“(4) This section applies to elections to the European Parliament.”.

[F25Omit subsection (6).]

Section 50 (effect of misdescription)For paragraphs (a), (b) and (c) substitute “in the register”.
Section 52 (discharge of registration duties)(19)In subsections (1) and (4) after the word “Act” insert “and regulation 13 of the Representation of the People (England and Wales) Regulations 2001”.
Section 54 (payment of expenses of registration)(20)

In subsection (1) after the word “Act” in the first place where it occurs, insert “and regulation 13 of the Representation of the People (England and Wales) Regulations 2001”.

Omit subsection (3).

Section 56 (registration appeals: England and Wales)(21)

[F26In subsection (1) for paragraph (aa) substitute:

“(aa)from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered.”.

In subsection (1) omit paragraphs (ab) and (b).]

Section 63 (breach of official duty)(22)

In subsection (3)—

(a)

for paragraphs (a) to (d) substitute:

“(a)any registration officer,”; and

(b)

for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.

PART II: THE 1985 ACT
Section 2 (registration of British citizens overseas)(23)

In paragraph (a) of subsection (1) omit “constituency or” and in paragraph (b) after “of that” insert “part of the”.

In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local government electors”.

In subsection (4) for “section 1” substitute “section 3”.

In subsection (7) omit “constituency or”.

In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.

In section 12 (offences as to declarations etc), subsections (1), (2) and (4)In subsection (1)(a) for the word “parliamentary” substitute “European Parliamentary”.

Textual Amendments

Regulation 13

[F27SCHEDULE 4AE+W

Textual Amendments

APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1

Regulation applied

2

Modification

Regulation 3In paragraph (1) omit the definition of “certificate of anonymous registration”.
Regulation 5
Regulation 6
Regulation 7
Regulation 8
Regulation 11
Regulation 18In paragraphs (4), (5) and (7) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”.
Regulation 19In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”.
Regulation 20In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”.
Regulation 21
Regulation 22In paragraph (3) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”.
Regulation 23
Regulation 24Omit paragraph (4A).
Regulation 25
Regulation 27
Regulation 28Omit paragraph (2).
Regulation 29

Omit paragraphs (2B) and (4A).

In paragraph (4) omit “Subject to paragraph (4A),”.

Regulation 30
Regulation 31
Regulation 31A
Regulation 31B

In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.

For paragraph (2) substitute:

“(2) The functions specified in this paragraph are determining under section 2(2)(aa) of the 1985 Act whether a person was entitled to be registered.”.

Regulation 31D

Omit paragraph (3).

In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.”.

Regulation 31E

In paragraph (2) omit sub-paragraph (c).

Omit paragraph (4).

Regulation 31FIn paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act,”.
Regulation 32

In paragraph (1) for sub-paragraph (b) substitute:

“(b)under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;”.

In paragraph (1) omit sub-paragraph (c).

Regulation 36(2) and (3)In sub-paragraph (2)(b) omit “except in a case falling within regulation 31C(2)(d) above,”.
Regulation 38
Regulation 39
Regulation 40

For paragraph (1) substitute:

“(1) Section 9(2)(b) of the 1983 Act (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address which is specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.”.

Omit paragraphs (2) and (3).

Regulation 41
Regulation 42
Regulation 43In paragraph (1) omit “and (3)”.
Regulation 45In paragraph (4) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations”.]
(1)

Sections 10A and 13A were substituted by Schedule 1 to the 2000 Act.

(2)

Section 36(3C) was substituted by section 17 of the 1985 Act.

(3)

Section 53 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

(4)

Section 201(1) was amended by S.I. 1991/1728 and section 201(3) was inserted by Schedule 1 to the 2000 Act.

(5)

Rule 24 was substituted by Schedule 6 to the 2000 Act.

(6)

Schedule 2 was amended by Schedules 2 and 4 to the 1985 Act; Schedules 1 and 6 to the 2000 Act; Schedule 16 to the Local Government (Wales) Act 1994 (c. 19); and section 5 of the Representation of the People Act 1989 (c. 28). Schedule 2 has also been amended by section 9 of the 2000 Act but the amendments are not yet in force.

(7)

Section 3 was substituted by Schedule 2 to the 2000 Act.

(8)

Section 4 was substituted by section 1(2) of the 2000 Act.

(9)

Sections 9, 10A, 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(10)

Rule 29(3A) was inserted by section 13(2) of the 2000 Act.

(11)

Rule 45(1B) was inserted by Schedule 6 to the 2000 Act.

(12)

Section 2 was substituted by Schedule 2 to the 2000 Act.

(13)

The European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).

(16)

Section 4 was substituted by section 1(2) of the 2000 Act.

(17)

Section 9 was substituted by Schedule 1 to the 2000 Act.

(18)

Sections 13 to 13B were substituted by Schedule 1 to the 2000 Act.

(19)

Section 52 was amended by Schedule 4 to the 1985 Act and Schedule 16 to the Local Government (Wales) Act 1994.

(20)

Section 54 was amended by Schedule 4 to the 1985 Act.

(21)

Section 56 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

(22)

Section 63 was substituted by Schedule 4 to the 1985 Act.

(23)

Section 2 was substituted by Schedule 2 to the 2000 Act.

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