The Representation of the People (Provision of Information Regarding Proxies) Regulations 2013

Statutory Instruments

2013 No. 3199

Representation Of The People

The Representation of the People (Provision of Information Regarding Proxies) Regulations 2013

Made

18th December 2013

Coming into force in accordance with regulation 1

The Lord President of the Council makes the following Regulations in exercise of the powers conferred by section 53(1) and (3) of and paragraph 5B of Schedule 2 to the Representation of the People Act 1983(1).

The Lord President of the Council(2) has consulted the Electoral Commission in accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(3).

In accordance with section 201(2)(4) of the Representation of the People Act 1983 a draft of this instrument has been laid before and approved by resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Representation of the People (Provision of Information Regarding Proxies) Regulations 2013 and come into force on the day on which section 3 of the Electoral Registration and Administration Act 2013(5) comes into force.

(2) These Regulations extend to Great Britain and Northern Ireland.

Steps which may be taken by a registration officer in relation to the appointment of proxies

2.—(1) A registration officer in Great Britain may require a registration officer in Great Britain or Northern Ireland to provide information as soon as reasonably practicable about whether the person, whom an elector wishes to be appointed as their proxy under paragraph 6(7) or (8) of Schedule 4 to the Representation of the People Act 2000(6), has or will have an entry in a relevant register maintained by that officer under section 9(1)(7) of the Representation of the People Act 1983.

(2) In this regulation “relevant register” means a register which relates to elections of the same kind as those to which the proxy appointment relates.

Signed by the authority of the Lord President of the Council

Greg Clark

Minister of State

Cabinet Office

18th December 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations enable registration officers in Great Britain to require other registration officers in Great Britain or Northern Ireland to provide information about whether a person, whom an absent voter wishes to appoint as their proxy, has or will have an entry in a register of parliamentary or local government electors maintained by that officer. This will enable registration officers to ensure that the appointment complies with paragraph 6(3) or (3A) of Schedule 4 to the Representation of the People Act 2000.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1983 c. 2; section 53(1) (b) was substituted by section 8 of and paragraphs 1 and 13(b) of Schedule 1 to the Representation of the People Act 2000 (c. 2); section 53(3) was amended by paragraph 13 of Schedule 4 to the Representation of the People Act 1985 (c. 50); and paragraph 5B of Schedule 2 was inserted by paragraph 20(7) of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6).

(2)

Under article 3 of the Lord President of the Council Order 2010 (S. I. 2010/1837) these powers are exercisable concurrently by the Secretary of State and the Lord President of the Council.

(3)

2000 c. 41.

(4)

section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

(5)

2013 c. 6.

(6)

2000 c 2.

(7)

Section 9(1) was substituted by paragraph 3 of Schedule 1 to the Representation of the People Act 2000 (c. 2).