The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

Transitional provision for overseas electors registered pursuant to pre-commencement applications

3.—(1) This paragraph applies where—

(a) paragraph 14 of Schedule 7 to the Elections Act 2022 (overseas electors registered pursuant to pre-commencement applications) applies in respect of an elector (“the elector”), and

(b) the elector’s entitlement to registration has not been extended following the making of a renewal declaration in accordance with section 1D(2) and (3) of the 1985 Act.

(2) The following do not apply in respect of the elector—

(a) regulation 22A of the 2001 Regulations (reminders to electors registered pursuant to an overseas elector’s declaration) (as inserted by regulation 4(6) and 9(6));

(b) the amendments made by regulations 5(4) and 10(4).

(3) Where a registration officer grants an application made by the elector in accordance with paragraph 3(2) of Schedule 4 to the Representation of the People Act 2000 to vote by proxy, regulation 57(2A)(b) and (2B) of the 2001 Regulations (as inserted by regulations 6(3) and 11(3)) applies as if for “1st November” there were substituted “date”.

(4) Regulation 60A of the 2001 Regulations (as amended by regulations 6(4) and 11(4))—

(a) does not apply in respect of the elector’s entitlement to vote by proxy where that entitlement ends on or before 1st February 2024;

(b) otherwise applies as if, in paragraph (1D)—

(i) in sub-paragraph (a), for “1st July immediately” there were substituted “the later of 1st February 2024 or the date which is three months”;

(ii) in sub-paragraph (b), for “1st November” there were substituted “date”.

(5) Where a registration officer grants an application made by the elector in accordance with regulation 51(1) of the 2016 Regulations (absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland) to sign any recall petition in England, Wales or Scotland by post, paragraph (1B)(a) of that regulation (as amended by regulation 13(3)) applies as if for “1st November” there were substituted “date”.

(6) In this paragraph, “the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001 and the Representation of the People (Scotland) Regulations 2001.