The Voter Identification Regulations 2022

PART 2 Applications for electoral identity or anonymous elector’s documents

Identity document applications: general

4.—(1) An identity document application must be in writing, and must state—

(a) the applicant’s full name;

(b) the address in respect of which the applicant is registered, or has applied to be registered, on the register of parliamentary electors or local government electors;

(c) where the applicant is or has applied to be registered in pursuance of—

(i) a service declaration, the applicant’s present address, correspondence address or British Forces Post Office Number;

(ii) an overseas elector’s declaration, the applicant’s present address;

(d) the applicant’s date of birth or, if they are not able to provide that information, the reason why they are not able to do so and a statement as to whether the applicant is under 18 years old;

(e) the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so;

(f) an indication as to whether, if the identity document application is granted, the applicant considers that it is necessary for the applicant to collect the document in person instead of the document being delivered to the relevant delivery address, and if so the reason why the applicant considers that collection is necessary;

(g) for an identity document application under section 13BE of the 1983 Act, the fact that the applicant has applied or is applying to have an anonymous entry on the register;

(h) an indication as to whether, if the identity document application is granted, the applicant requires a Braille, easy read or large print explanation of the anonymous elector’s document or the electoral identity document issued;

(i) a declaration by the applicant that the information provided in the application is true;

(j) the date of the application.

(2) Where an applicant makes an identity document application by virtue of section 13BD(1)(b)(ii) or section 13BE(1)(b)(ii) of the 1983 Act (applicants registered in Wales who will be entitled to vote in police and crime commissioner elections upon attaining the age of 18)—

(a) if the applicant is not able to provide their date of birth, the statement referred to in paragraph (1)(d) must indicate whether the applicant is—

(i) under the age of 16, or

(ii) aged 16 or 17;

(b) paragraph (1)(e) does not apply where the applicant is under the age of 16.

(3) An identity document application must also include—

(a) a photograph of the applicant which meets the requirements set out in Schedule 2, and

(b) where, in accordance with paragraph 3(2) of that Schedule, the applicant is unable to provide a photograph that complies with paragraph 3(1)(d) or (e) of that Schedule, the reason why they are not able to do so.

(4) An identity document application may (but need not) include the applicant’s email address and telephone number.

(5) Where the applicant is not able to provide a national insurance number, the applicant may provide as part of an identity document application a copy of any of the documents listed in—

(a) where the applicant has applied or is applying to have an anonymous entry on the register, regulation 7(3) to (5);

(b) otherwise, regulation 7(4) or (5).

(6) A registration officer may authorise an applicant to provide anything which must or may be included in or with, or which may be provided as part of, an identity document application in accordance with this regulation to the registration officer in person and, where the officer does so, the registration officer must transfer anything provided by the applicant into an application in writing.

(7) In paragraph (1)(f), “relevant delivery address” means—

(a) where paragraph (1)(c) applies, the address provided in accordance with that paragraph;

(b) where paragraph (1)(c) does not apply, the address provided in accordance with paragraph (1)(b).

Identity document applications made through the digital service

5.—(1) This regulation applies where, by virtue of arrangements made by the Secretary of State, an identity document application for an electoral identity document under section 13BD of the 1983 Act may be made through the digital service.

(2) The Secretary of State may complete an identity document application in part for an applicant using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act(1) for registration in, or alteration of, a register of electors made through or completed using the digital service.

(3) The Secretary of State must send to the appropriate registration officer any identity document application the Secretary of State receives together with a reference number unique to that application.

Verification of information provided in an identity document application

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 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 Her 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 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 regulation 29ZA(2) of the Representation of the People (England and Wales) Regulations 2001(2) or regulation 29ZA(2) of the Representation of the People (Scotland) Regulations 2001(3), 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 of the Representation of the People (England and Wales) Regulations 2001 or (as the case may be) with regulation 29ZA 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(4);

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

Power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary

7.—(1) A registration officer must require an applicant to provide additional evidence where the registration officer considers additional evidence is necessary to verify the identity of the applicant in respect of their identity document application, including where the officer considers it is necessary because the applicant is not able to state the information required by regulation 4(1)(d) or (e).

(2) Where a registration officer requires additional evidence—

(a) the officer must, at the same time, inform the applicant of—

(i) the evidence submission date, which is the date 28 days after the day on which the registration officer requires the additional evidence, and

(ii) the fact that the registration officer may reject the applicant’s identity document application in the event that the applicant fails or refuses to provide the additional evidence on or before the evidence submission date; and

(b) if the applicant provides additional evidence, it must be provided in accordance with—

(i) where the applicant has or is applying to have an anonymous entry on the register of parliamentary electors or local government electors, one of paragraphs (3) to (6);

(ii) otherwise, one of paragraphs (4) to (6).

(3) The applicant may provide a copy, or where the registration officer considers it appropriate, the original, of one of the following documents—

(a) the applicant’s passport;

(b) the applicant’s identity card issued in the European Economic Area;

(c) the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the Borders Act 2007(5);

(d) the applicant’s electoral identity card issued in Northern Ireland;

(e) the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant.

(4) The applicant may provide a copy, or where the registration officer considers it appropriate, the original of—

(a) one of the following documents, which, except in relation to paragraph (vii) must have been issued in the United Kingdom or Crown Dependencies—

(i) the applicant’s birth certificate;

(ii) the applicant’s marriage or civil partnership certificate;

(iii) the applicant’s adoption certificate;

(iv) the applicant’s firearms certificate granted under the Firearms Act 1968(6);

(v) the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976(7);

(vi) the applicant’s driving licence, which is not in the form of a photocard;

(vii) the applicant’s driving licence, granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom; and

(b) two other documents, each of which may be either from sub-paragraph (a) or paragraph (5).

(5) The applicant may provide a copy, or where the registration officer considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name as stated on the identify document application—

(a) a financial statement, including but not limited to—

(i) a mortgage statement;

(ii) a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society;

(iii) a credit card statement;

(iv) a pension statement;

(b) a council tax demand letter or statement;

(c) a utility bill;

(d) a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(e) a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992(8), or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act(9).

(6) The applicant may provide an attestation which must—

(a) confirm that the applicant is the person named in the identity document application,

(b) state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,

(c) be in writing and signed by the qualifying attestor,

(d) state the full name, date of birth, address, electoral number and occupation of the qualifying attestor, and

(e) state the date on which it is made.

(7) In paragraph (6), the “qualifying attestor” is a person—

(a) whom the registration officer is satisfied is of good standing in the community,

(b) who is registered as an elector—

(i) where the registration officer to whom the application is made is appointed for an area in England or Wales, in a local authority area in England or Wales,

(ii) where the registration officer to whom the application is made is appointed for an area in Scotland, in a local authority area in Scotland,

(c) who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant, and

(d) who has not already signed attestations under this regulation for two applicants since, whichever is the later of,—

(i) the date on which the revised register in which that person’s name appears was last published under section 13(1) of the 1983 Act(10), or

(ii) the date on which a notice specifying that person’s entry in the register was issued under (as the case may be) section 13A(2), 13AB(2), 13B(3), (3B) or (3D) or 13BC(3) or (6) of that Act(11) (and if there has been more than one such notice, the date on which the last one was issued).

(8) This regulation does not apply where—

(a) the applicant is under the age of 16,

(b) there is information available to the registration officer from any educational record relating to the applicant, and

(c) that information is sufficient to satisfy the registration officer as to the applicant’s identity.

(9) In this regulation, “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.

Registration officer’s right to inspect certain records

8.—(1) A registration officer is authorised to inspect, for the purpose of determining identity document applications, records kept (in whatever form) by—

(a) an authority listed in paragraph (2), or

(b) any person providing services to, or authorised to exercise any function of, any such authority.

(2) Those authorities are—

(a) the council by which the registration officer was appointed,

(b) where the council by which the registration officer was appointed is a council for a district in a county for which there is a county council, that county council, and

(c) any superintendent registrar of births, deaths and marriages, registrar of births and deaths or registrar of marriages.

(3) A registration officer is authorised to make copies of information contained in such records.

Power to require information

9.—(1) A registration officer may require any person to give information required for the purpose of determining an identity document application.

(2) A registration officer may not use the power conferred by paragraph (1) to require an applicant to provide information to assist the registration officer in determining, in connection with that person’s application, whether that applicant is the person named in that application.

(3) If a person fails to comply with a requisition under paragraph (1), that person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(1)

Section 10ZC was inserted by section 1(1) of the Electoral Registration and Administration Act 2013 (c. 6) and was amended by section 6(2) of the Scotland Act 2016 (c. 11) and by section 7 of the Wales Act 2017 (c. 4). Section 10ZD was inserted by paragraph 1 of Schedule 1 to the Electoral Registration and Administration Act 2013 and was amended by section 6(3) of the Scotland Act 2016 and by section 7 of the Wales Act 2017.

(2)

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).

(3)

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.

(4)

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.

(5)

2007 c. 30. Section 5 was amended by paragraph 19 of the Schedule to the Identity Documents Act 2010 (c. 40).

(6)

1968 c. 27.

(7)

1976 c. 63. Section 5(1) was amended by paragraph (1)(a) of Schedule 3 to the Criminal Justice and Public Order Act 1994 (c. 33) and by Part 12 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).

(8)

1992 c. 4. Section 141 was amended by section 1(1) of the Child Benefits Act 2005 (c. 6).

(9)

Section 130 was amended by paragraph 3 of Schedule 9 to the Local Government Finance Act 1992 (c. 14); by Part 6 of Schedule 19 to the Housing Act 1996 (c. 52); and by section 30(1) of, and paragraph 1(1) and (3) of Schedule 5 to, the Welfare Reform Act 2007 (c. 5). It is prospectively amended by section 96 of the Local Government Act 2000 (c. 22), and prospectively repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5), from a date and time to be appointed.

(10)

Section 13 was substituted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and subsection (1) was further substituted by section 5(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(11)

Sections 13A and 13B were inserted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000. Section 13A(2) was amended by paragraph 4 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006. Section 13AB was inserted by section 16(3) of the Electoral Registration and Administration Act 2013 (c. 6). Section 13B was amended by section 11 of the Electoral Administration Act 2006 (c. 22); by section 6(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006; by paragraph 3 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c. 13); by paragraph 13 of Schedule 4 to the Electoral Registration and Administration Act 2013; by paragraph 5 of Schedule 2 to the Recall of MPs Act 2015 (c. 25); and by S.I. 2018/1310. Section 13B is prospectively amended by section 18(8) of the Local Government and Elections (Wales) Act 2021 (asc 1) from a date and time to be appointed. Section 13BC was inserted by paragraph 7 of Schedule 2 to the Recall of MPs Act 2015.