The Voter Identification Regulations 2022

Verification of information provided in an identity document application E+W+S

6.—(1) On receipt of an identity document application made otherwise than through the digital service, a registration officer must disclose the applicant’s name, relevant address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Levelling Up, Housing and Communities in such format and through such an infrastructure system as the Secretary [F1 of State] of State for Levelling Up, Housing and Communities may have notified to the registration officer in writing.

(2) Following receipt of the first stage information from the registration officer or (in the case of an application made through, or partially completed using, the digital service) from an applicant, the Secretary of State for Levelling Up, Housing and Communities may disclose the first stage information to the Secretary of State for Work and Pensions.

(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a) the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

(i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development), and

(ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs);

(b) any other information contained in such types of data which relates to the information disclosed under paragraph (2).

(4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary for Levelling Up, Housing and Communities.

(5) On receipt of the second stage information, the Secretary of State for Levelling Up, Housing and Communities may disclose that information—

(a) to the Secretary of State for Work and Pensions, or

(b) to the registration officer to whom the identity document application has been made, or, as the case may be, to whom the Secretary of State has sent the application under regulation 5(3).

(6) Paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under paragraph (5)(a) as it applies to the first stage information disclosed under paragraph (2).

(7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary [F2 of State] for Levelling Up, Housing and Communities.

(8) On receipt of the third stage information, the Secretary of State for Levelling Up, Housing and Communities may—

(a) compare the third stage information against the information provided in the identity document application, and

(b) notify the registration officer to whom the identity document application has been made or, as the case may be, to whom the Secretary of State has sent the application under regulation 5(3), as to whether the comparison in sub-paragraph (a) resulted in a match.

(9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Levelling Up, Housing and Communities in accordance with this regulation when determining the identity document application.

(10) This regulation does not apply where—

(a) the applicant—

(i) makes an application under section 10ZC or 10ZD of the 1983 Act at the same time as the identity document application,

(ii) the name, date of birth and national insurance number of the applicant are disclosed in accordance with [F3 or 29ZAA(3)] of the Representation of the People (England and Wales) Regulations 2001(1) or [F3 or 29ZAA(3)] of the Representation of the People (Scotland) Regulations 2001(2), and

(iii) the name, date of birth and national insurance number disclosed are identical to the name, date of birth and national insurance number provided by the applicant in the identity document application;

(b) the applicant—

(i) is under the age of 16, or

(ii) does not provide both a date of birth and a national insurance number in accordance with regulation 4(1)(d) and (e) respectively.

(11) Where paragraph (10)(a) applies, the registration officer must take into account any results disclosed by the Secretary of State for Levelling Up, Housing and Communities in accordance with regulation 29ZA [F4 or 29ZAA] of the Representation of the People (England and Wales) Regulations 2001 or (as the case may be) with regulation 29ZA [F4 or 29ZAA] of the Representation of the People (Scotland) Regulations 2001 in respect of the application described in paragraph (10)(a)(i) when determining the identity document application.

(12) In paragraph (1)—

“infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003(3);

“relevant address” means the address provided by the applicant in accordance with regulation 4(1)(b).

Textual Amendments

F1 Words in reg. 6(4) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 22(3)

F2 Words in reg. 6(7) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 22(3)

F3 Words in reg. 6(10)(a)(ii) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 14(2)(a)

F4 Words in reg. 6(11) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 14(2)(b)

Commencement Information

I1 Reg. 6 in force at 16.1.2023, see reg. 1(3)

(1)

S.I. 2001/341; relevant amending instruments are S.I. 2002/1871, 2006/752, 2910, 2009/725, 2013/3198, 3206, 2015/467, 1971, 2018/312, 2020/1399, 2021/193, 391, 1265, 2022/175, 263 (W. 79).

(2)

S.I. 2001/497 (S. 2); relevant amending instruments are S.I. 2002/1872, 2006/834, 2007/925, 2009/725, 2013/3206, 2015/450, 1966, 2018/427, 2021/391, 1265, 2022/175.

(3)

2003 c. 21. Schedule 3A was inserted by Schedule 1 to the Digital Economy Act 2017 (c. 30). It is prospectively amended by paragraph 4 of the Schedule to the Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7) from a date and time to be appointed.