The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Preamble

SCHEDULE 1 U.K. Enabling Powers

Commencement Information

I1 Sch. 1 in force at 31.10.2023, see reg. 1(2)

These Regulations are made under the following powers—

(a) the following provisions of the Representation of the People Act 1983—

(i) sections 9B(1A), 10ZC(3), 53(1)(ba) and (c) and (4) and 201(3)(1);

(ii) in Schedule 1, rule 28(3) and (3A)(2);

(iii) in Schedule 2, paragraphs 1(2) and (2A), 1A(1), (2), (3) and (6), 3, 3ZA(1), (2A)(a) and (3), 4(2), 5ZA(1), (2)(a), (b) and (d), (3) and (4), 5A(1) and (4), 8C(1), 12 and 13(1ZB) and (2)(3);

(b) section 15(5) of the Representation of the People Act 1985;

(c) paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990;

(d) sections 52ZQ(1) and 113(1) and (2) of the Local Government Finance Act 1992(4);

(e) paragraphs 3(1)(b) and (2)(c), 4(1)(b) and (2)(c), 6(7), (8) and (9) and 7B of Schedule 4 to the Representation of the People Act 2000(5);

(f) sections 9HE(1), 9MG(2) to (5) and 105(2) of the Local Government Act 2000(6);

(g) sections 114(1) and 117(1A) of, and paragraphs 12(1) and (3) of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(7);

(h) sections 58(1) (including as extended by section 26(3) of the Welsh Language Act 1993(8)) and 154(5) of the Police Reform and Social Responsibility Act 2011(9);

(i) sections 18(1) and 21(3) of the Recall of MPs Act 2015(10).

(1)

See section 202(1) for the meaning of “prescribed” in section 9B(1A). Section 9B was inserted by section 10(1) of the Electoral Administration Act 2006 (c. 22), and was amended by section 20(a) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) and by paragraph 7 of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6). Section 53(1)(ba) was inserted by paragraph 1(b) of Schedule 2 to the Elections Act 2022 (c. 37). Section 53(4) was inserted by paragraph 109 of Schedule 1 to the Electoral Administration Act 2006. Section 201(3) was inserted by paragraph 21 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by paragraph 6(7) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

(2)

See section 202(1) for the meaning of “prescribed”. Rule 28(3) was amended by paragraph 70(3) of Schedule 1 to the Electoral Administration Act 2006, and rule 28(3A) was inserted by paragraph 14(3) of Schedule 1 to the Electoral Administration Act 2006.

(3)

Paragraph 1(2) was amended by paragraph 24(2) of Schedule 1 to the Representation of the People Act 2000 (c. 2) (“RPA 2000”) and by paragraph 20(2) of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6) (“the 2013 Act”). Paragraph 1(2A) was inserted by section 2(2) of the 2013 Act and was amended by paragraph 3(2) of Schedule 2 to the Elections Act 2022 (c. 37) (“the 2022 Act”). Paragraph 3ZA was inserted by section 2(3) of the 2013 Act and sub-paragraph (1) was amended, and sub-paragraph (2A) was inserted, by paragraph 5(2) and (3) of Schedule 2 to the 2022 Act. Paragraph 4(2) was inserted by section 4 of the Representation of the People Act 1985 (c. 50). Paragraph 5ZA was inserted by paragraph 7 of Schedule 2 to the 2022 Act. Paragraph 5A was inserted by Part 1 of Schedule 2 to the Representation of the People Act 1985 and was amended by paragraph 11(2) of Schedule 6 to RPA 2000. Paragraph 8C was inserted by paragraph 3 of Schedule 2 to the 2013 Act and sub-paragraph (1) was amended by section 20(2)(c) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13) and by paragraph 10 of Schedule 2 to the 2022 Act. Paragraph 12 was amended by paragraph 11(3) of Schedule 6 to RPA 2000 and by paragraph 96 of Schedule 1 to the Electoral Administration Act 2006 (c. 22). Paragraph 13(1ZB) was inserted by paragraph 4 of Schedule 2 to the 2013 Act. See section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), the effect of which is that provision made under paragraph 13(1ZB) creating an offence may provide for an offence punishable on summary conviction by a fine of any amount.

(4)

Section 113(1) and (2) was amended by paragraph 9 of Schedule 1 to the Local Government Act 1999 (c. 27), by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26), by section 80 of the Localism Act 2011 (c. 20) and by S.I. 2013/2597, 2015/1376, 2016/997, 2021/1265.

(5)

See section 202(1) of the Representation of the People Act 1983 (c. 2), as read with paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000, for the meaning of “prescribed”. Paragraph 7B was inserted by section 14(4) and (8) of the Electoral Administration Act 2006.

(6)

Section 9MG was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and was amended by S.I. 2013/2597, 2021/1265.

(7)

Section 117(1A) was inserted by paragraph 29 of Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1).

(8)

1993 c. 38.

(9)

Section 58(1) was amended by S.I. 2021/1265. Section 154(5) was amended by S.I. 2014/268, 2021/1265.

(10)

See section 22(1) for the meaning of “the Minister”.