The Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023

Procedure for removal following response to communications E+W

12.—(1) This regulation applies where—

(a) a relevant person has responded to a notice, notification or request under regulations 7 to 10 or has provided requested information in response to the registration officer making contact with that person, and

(b) the registration officer is not satisfied that the relevant person continues to satisfy the registration criteria.

(2) The registration officer must send a notice to the relevant person’s address, which must—

(a) state the date of issue of the notice,

(b) advise that the criteria under section 4 of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local government electors have changed,

(c) state that the registration officer is of the opinion that the relevant person has ceased to satisfy the registration criteria, and the grounds for the registration officer’s opinion,

(d) state that if the relevant person does not notify the registration officer within 14 days beginning with the date of issue that the relevant person requires the review to be heard—

(i) the registration officer may determine the review and remove the relevant person’s entry from the register, and

(ii) the relevant person would not be entitled to appeal against the registration officer’s determination in those circumstances, and

(e) state that after 14 days beginning with the date of issue, the relevant person can contact the registration officer to find out if the registration officer has removed the relevant person’s entry from the register.

(3) The relevant person is entitled to require the review to be heard by notifying the registration officer within 14 days beginning with the date of issue of the notice sent under paragraph (2), and where the relevant person does so the following provisions of the 2001 Regulations apply—

(a) regulation 31F(2) to (7), and

(b) regulation 31FZA(1), which applies as if the reference to regulation 31D(2) were a reference to a notice under paragraph (2).

(4) Where—

(a) the registration officer has delivered the notice under paragraph (2), and

(b) the relevant person has not requested a hearing within 14 days beginning with the date of issue of the notice,

the registration officer may determine that the relevant person has ceased to satisfy the registration criteria and, if so, remove the relevant person’s entry from the register.

[F1 (5) The requirement under regulation 36(2)(b) of the 2001 Regulations for the registration officer to send a copy of a notice of alteration to any person affected by its contents does not apply in respect of a notice of alteration resulting from the determination mentioned in paragraph (4).]

Textual Amendments

F1 Reg. 12(5) inserted (7.5.2024 immediately before S.I. 2023/1150, reg. 11 comes into force) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(4), 16(4)

Commencement Information

I1 Reg. 12 in force at 7.5.2024, see reg. 1(2)