The Representation of the People (Annual Canvass) (Amendment) (Wales) Regulations 2020

Welsh Statutory Instruments

2020 No. 50 (W. 6)

Representation Of The People, Wales

The Representation of the People (Annual Canvass) (Amendment) (Wales) Regulations 2020

Made

at 7:40 p.m. on 21 January 2020

Coming into force

22 January 2020

The Welsh Ministers make these Regulations in exercise of the powers conferred on the Secretary of State by sections 53(1) and (3) and 201(3) of, and paragraphs 1(2), 1A and 13(1ZB) of Schedule 2 to, the Representation of the People Act 1983(1) (“the 1983 Act”) and sections 7(1) and (2) and 11(3), (4) and (5) of the Electoral Registration and Administration Act 2013(2) (“the 2013 Act”) and now vested in them.

The Welsh Ministers have consulted the Electoral Commission in accordance with section 53(5) of the 1983 Act(3), section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(4), and has consulted the Information Commissioner and such other persons as they consider appropriate in accordance with section 53(5) of the 1983 Act.

In accordance with section 201(2) of the 1983 Act(5) and section 11(2) of the 2013 Act, a draft of this instrument was laid and approved by a resolution before the National Assembly for Wales. In accordance with section 8(6) of the 2013 Act, the draft instrument was accompanied by a report of the Electoral Commission.

(1)

1983 c.2 (“the 1983 Act”). Section 53(1) was amended by section 24 and paragraph 13(b) of Schedule 4 to the Representation of the People Act 1985 (“the 1985 Act”), and paragraph 13(b) of Schedule 1, and Part 1 of Schedule 7, of the Representation of the People Act 2000 (c.2) (“the 2000 Act”). Section 201(3) was inserted by paragraph 21 of Schedule 1 to the 2000 Act. Paragraph 1A of Schedule 2 was inserted by paragraph 2 of Schedule 2 to the Electoral Registration and Administration Act 2013 (c.6)(“the 2013 Act”) and was amended by paragraphs 18(1) and (2) of Schedule 19 to the Data Protection Act 2018 (c.12). Paragraph 13(1ZB) was inserted by paragraph 4 of Schedule 2 to the 2013 Act. “Prescribed” in paragraph 13(1ZB) means, as defined in section 202(1) of the 1983 Act, prescribed in Regulations. So far as the functions of the Secretary of State and Minister for the Cabinet Office are exercisable within devolved competence those functions were transferred to the Welsh Ministers by virtue of article 45 of and paragraph 1 of, Schedule 1 to S.I. 2018/644.

(2)

2013 c.6. Powers of the Minister under sections 7 and 11 of the Electoral Registration and Administration Act 2013 (“the 2013 Act”) so far as exercisable within devolved competence were transferred to the Welsh Ministers by virtue of article 45 of and Schedule 1 to the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644). The power to make an order under section 7 of the 2013 Act may be exercised to make regulations by virtue of section 39 of the Legislation (Wales) Act 2019 (anaw 4).

(3)

Section 53(5) was inserted by paragraph 5 of Schedule 2 to the 2013 Act.

(4)

2000 c.41.

(5)

Section 201(2) was substituted by section 24 and paragraph 69 of Schedule 4 to the 1985 Act and amended by article 5(b) of S.I. 1991/1728, paragraph 6(1) and (7)(b) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c.13) (the 2014 Northern Ireland Act”).