The Voter Identification Regulations 2022

Amendment of Schedule 2 (modifications of Acts and statutory instruments)

44.—(1) Table 1 (Representation of the People Act 1983) of Schedule 2 (modifications of Acts and statutory instruments) is amended as follows.

(2) For the entries for sections 36 and 39 substitute—

“Section 36 (local elections in England)

In subsection (3) in paragraph (a), after “such a councillor,” insert “or the election of an elected mayor of a district council”. In subsection (3AC), in paragraph (a), after “such a councillor”, insert “or the election of an elected mayor of the council of a county in England in which there are no district councils”. In subsection (4), after “a London borough)” insert “or the election of an elected mayor of the council of such an area,”. In subsection (6), after “England”, insert “or at an election of an elected mayor of the council of any such area,”.

Section 39 (local elections void etc in England and Wales) (1)

In subsection (2), after “other reason”, insert “a mayoral election or”. In subsection (5), in paragraph (a), after “section 36 or section 36A above”, insert “or, in the case of a mayoral election, regulations under section 9HE of the 2000 Act,”. In subsection (6), in paragraph (a)— (a) in sub-paragraph (i), after “section 36A)” insert “or under Part 1A of the 2000 Act (and the regulations under section 9HE of that Act)”, and (b) omit “, or, as the case may be, the district council, or Welsh county or county borough council,”.”.

(3) After the entry for section 54 (payment of expenses on registration) insert—

“Section 59A (reports on voter identification requirements in Great Britain)

After subsection (5) insert— “(5A) Where this subsection applies, a report prepared in accordance with subsection (4) must also include the effect of the mayoral election corresponding requirements on applications made under the provisions of rules made under section 9HE of the Local Government Act 2000 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules. (5B) Subsection (5A) applies in respect of an election of a local authority mayor where— (a) the day of poll for that election is the same day as the poll for the ordinary elections of councillors described in subsection (4), (b) the election relates to a local government area to which the duty in subsection (4) otherwise applies, and (c) the timing of that election is determined in accordance with regulations 3, 4 or 7 of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (timing of elections of mayors other than elections resulting from casual vacancies)(2). (5C) In subsection (5A), “mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to mayoral elections in England by virtue of rules made under section 9HE of the Local Government Act 2000.”. In subsection (6), after paragraph (b) insert— “(c) in the case of a report under subsection (4) to which subsection (5A) applies, information provided to the Secretary of State under any provision of rules made under section 9HE of the Local Government Act 2000 corresponding to rule 40B of the parliamentary elections rules.””.

(1)

Section 39 was amended by section 19 of, and by paragraph 8 of Schedule 4 to, the Representation of the People Act 1985 (c. 50); by section 18(1) of, and by Schedule 17 to, the Local Government Act 1985 (c. 51); by Part 1 of Schedule 13 to the Education Reform Act 1988 (c. 40); by paragraph 68(11) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19); by paragraphs 1 and 6 of Schedule 3 to the Greater London Authority Act 1999 (c. 29), and by section 2(7) of the Local Government and Elections (Wales) Act 2021 (asc 1).

(2)

S.I. 2012/336, amended by S.I. 2014/2172.