Senedd and Elections (Wales) Act 2020

25 Exceptions from prohibition on disclosure E+W

(1) This section applies for the purpose of section 24(1).

(2) A young person's information may be disclosed to any person so far as necessary for the purpose of the carrying out by that person of functions in connection with—

(a) the registration of electors, or

(b) the conduct of an election.

(3) A young person's information may be disclosed in accordance with regulation [F1 32ZBD(9) and (9A)] of the 2001 Regulations (pre-population of the canvass form).

(4) A young person's information (other than any information by which the person's date of birth may be ascertained) may be disclosed in a version or copy of the register of local government electors or an absent voters record or list supplied in accordance with a relevant supply enactment, but only so far as it is necessary to do so for the purposes of or in connection with an election at which the young person will be entitled to vote.

(5) In subsection (4), “relevant supply enactment” means—

(a) regulation 100 of the 2001 Regulations (supply to the Electoral Commission);

(b) regulation 104 of the 2001 Regulations (supply to holders of relevant elective offices and candidates), so far as applying to a Member of the Senedd [F2 , a member of a local authority in Wales, an elected mayor of a local authority in Wales or candidates at local government election];

(c) regulation 108 of the 2001 Regulations (supply to candidates), so far as applying to candidates at Senedd elections [F3 or local government elections];

(d) regulation 102 of the 2001 Regulations (general provision), so far as relating to regulations 104 and 108;

[F4 (e) regulation 61 of the 2001 regulations (absent voters records or lists) so far as applying to local government elections and any enactment making provision equivalent to that regulation in relation to Senedd elections;]

[F5 (f) regulation 98 of the 2001 regulations (supply to returning officers) so far as applying to returning officers of community councils and returning officers for any Senedd elections and any enactment making provision equivalent to regulation 98(4) in relation to Senedd elections.]

(6) A young person's information may be disclosed to any person so far as necessary for the purposes of a criminal investigation or criminal proceedings relating to an offence (or alleged offence) under any enactment relating to—

(a) the registration of electors, or

(b) the conduct of elections.

(7) A young person's information may be disclosed to the young person to whom it relates.

(8) A registration officer must supply a young person's information to the young person to whom it relates if the young person requests the information for the purpose of verifying that the young person is a permissible donor within the meaning of section 54(2)(a) of the Political Parties, Elections and Referendums Act 2000 (c. 41).

(9) A young person's information may be disclosed to a person appointed as proxy to vote for the young person to whom the information relates.

(10) A person to whom a young person's information is disclosed under subsection (2) or (6) must not disclose the information to another person, except as mentioned in that subsection.

(11) A person who contravenes subsection (10) commits an offence and is liable on summary conviction to a fine.

Textual Amendments

F1 Words in s. 25(3) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(a) (with s. 3)

F2 Words in s. 25(5)(b) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(b)(i) (with s. 3)

F3 Words in s. 25(5)(c) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(b)(ii) (with s. 3)

F4 S. 25(5)(e) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(b)(iii) (with s. 3)

F5 S. 25(5)(f) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(b)(iv) (with s. 3)