- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Voter Identification (Amendment of List of Specified Documents) Regulations 2024 No. 1275
Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983, section 333(3A) of the Town and Country Planning Act 1990, section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, section 154(2)(b) of the Police Reform and Social Responsibility Act 2011, sections 18(8) and 21(6) of the Recall of MPs Act 2015 and section 252(5) of the Levelling-up and Regeneration Act 2023 for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Council Tax, England
Local Government, England
Police, England And Wales
Representation Of The People
Town And Country Planning, England
Made
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Coming into force
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The Secretary of State makes the following Regulations in exercise of the powers conferred by section 201(3) of, and rules 28(3) and 37(1Q)(a) and (c) of Schedule 1 to, the Representation of the People Act 1983(1), section 333(2B) of, and paragraph 16 of Schedule 4B to, the Town and Country Planning Act 1990(2) (including as applied by section 38A(3) of the Planning and Compulsory Purchase Act 2004(3)), sections 52ZQ(1) and (2) and 113(2) of the Local Government Finance Act 1992(4), sections 9HE(1), 9MG(2) and (3) and 105(2) of the Local Government Act 2000(5), section 114(1) of, and paragraph 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(6), section 58(1) (including as extended by section 26(3) of the Welsh Language Act 1993(7)) and 154(5) of the Police Reform and Social Responsibility Act 2011(8), sections 18(1) and (2)(b) and 21(3)(a) of the Recall of MPs Act 2015(9) and section 252(1)(c) of, and paragraph 12 of Schedule 2 to, the Levelling-up and Regeneration Act 2023(10).
The Secretary of State has consulted the Electoral Commission, in accordance with paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990, section 52ZQ(6) of the Local Government Finance Act 1992, section 9HE(4) of the Local Government Act 2000, section 7(1) and (2)(e), (hc) and (k) of the Political Parties, Elections and Referendums Act 2000(11), paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 and paragraph 12(4) of Schedule 2 to the Levelling-up and Regeneration Act 2023.
A draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament in accordance with section 201(2) of the Representation of the People Act 1983(12), section 333(3A) of the Town and Country Planning Act 1990(13), section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009(14), section 154(2)(b) of the Police Reform and Social Responsibility Act 2011, sections 18(8) and 21(6) of the Recall of MPs Act 2015 and section 252(4) of the Levelling-up and Regeneration Act 2023.
1.—(1) These Regulations may be cited as the Voter Identification (Amendment of List of Specified Documents) Regulations 2024, and come into force on the day after the day on which these Regulations are made.
(2) This regulation and regulations 2 and 10 extend to England and Wales and Scotland.
(3) Regulation 4 extends to Scotland only.
(4) The remainder of these Regulations extend to England and Wales only.
(5) An amendment made by these Regulations does not apply to a relevant election, petition or referendum in respect of which the qualifying date is before 1st May 2025.
(6) In paragraph (5), “qualifying date”—
(a)where the relevant election, petition or referendum is a recall petition, means the beginning date of the signing period as specified in the public notice of petition given under regulation 14 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016(15), and
(b)otherwise, means the date of the poll as specified in the notice of the election or referendum published in accordance with—
(i)in the case of a parliamentary election, rule 5 of Schedule 1 to the Representation of the People Act 1983(16);
(ii)in the case of a PCC election, rule 4 of Schedule 3 to the Police and Crime Commissioner Elections Order 2012(17);
(iii)in the case of a combined authority mayoral election or combined county authority mayoral election, rule 5 of Schedule 1 or rule 5 of Schedule 3 to the Combined Authorities (Mayoral Elections) Order 2017(18);
(iv)in the case of a local authority mayoral election, rule 5 of Schedule 1 or rule 5 of Schedule 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(19);
(v)in the case of a referendum under Schedule 4B to the Town and Country Planning Act 1990, rule 5 of Schedule 3 or rule 5 of Schedule 5 to the Neighbourhood Planning (Referendums) Regulations 2012(20);
(vi)in the case of a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992(21), rule 5 of Schedule 3 or rule 5 of Schedule 5 to the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012(22);
(vii)in the case of a referendum under Part 1A of the Local Government Act 2000(23), rule 5 of Schedule 3 or rule 5 of Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2012(24).
(7) In this regulation—
“combined authority mayoral election” means an election of a mayor for a combined authority in accordance with Part 6 of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority mayoral election” means an election for a mayor for a combined county authority in accordance with Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
“local authority mayoral election” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000(25);
“PCC election” means an election of a police and crime commissioner under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011(26);
“recall petition” has the meaning given by section 1 of the Recall of MPs Act 2015;
“relevant election, petition or referendum” means—
a parliamentary election, or a recall petition, in England, Wales or Scotland;
a PCC election;
a combined authority mayoral election;
a combined county authority mayoral election;
a local authority mayoral election;
a referendum under—
Schedule 4B to the Town and Country Planning Act 1990,
Chapter 4ZA of Part 1 of the Local Government Finance Act 1992, or
Part 1A of the Local Government Act 2000.
2.—(1) Rule 37 of Schedule 1 to the Representation of the People Act 1983 (voting procedure and voter identification requirements: Great Britain) is amended as follows.
(2) In paragraph (1H)—
(a)for sub-paragraph (b) substitute—
“(b)a passport or passport card issued by an EEA state or a country listed in Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens)(27);”;
(b)after sub-paragraph (g) insert—
“(ga)a Ministry of Defence Form 100 (HM Armed Forces Veteran Card);
(gb)a National Entitlement Card issued by a local authority in Scotland;”.
(3) In paragraph (1J), in the table, omit the entry for passes funded by the Scottish Government.
3. In Schedule 3 to the Representation of the People (England and Wales) Regulations 2001 (forms)(28), for Form A (official poll card to be sent to an elector voting in person) and Form B (official proxy poll card to be sent to an appointed proxy voting in person) substitute the corresponding forms in Schedule 1 to these Regulations.
4. In Schedule 3 to the Representation of the People (Scotland) Regulations 2001 (forms)(29), for Form A (official poll card to be sent to an elector voting in person) and Form B (official proxy poll card to be sent to an appointed proxy voting in person) substitute the corresponding forms in Schedule 2 to these Regulations.
5. In the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007—
(a)in Schedule 1 (mayoral elections rules), in the Appendix of Forms, for Form 8A (elector’s official poll card for use at mayoral elections in England) and Form 10A (official proxy poll card for use at mayoral elections in England) substitute the corresponding forms in Part 1 of Schedule 3 to these Regulations;
(b)in Schedule 3 (mayoral election combination of poll rules), in the Appendix of Forms, for Form 8A (elector’s official poll card for use at mayoral elections in England) and Form 10A (official proxy poll card for use at mayoral elections in England) substitute the corresponding forms in Part 2 of Schedule 3 to these Regulations.
6. In the Local Authorities (Conduct of Referendums) (England) Regulations 2012—
(a)in Schedule 3 (local government act referendums rules), in Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 1 of Schedule 4 to these Regulations;
(b)in Schedule 5 (local government act referendums combination of polls rules), in Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 2 of Schedule 4 to these Regulations.
7. In the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012—
(a)in Schedule 3 (local government finance act referendums rules), in Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 1 of Schedule 5 to these Regulations;
(b)in Schedule 5 (local government finance act referendums combination of polls rules), in Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 2 of Schedule 5 to these Regulations.
8. In Schedule 3 to the Police and Crime Commissioner Elections Order 2012 (rules for the conduct of PCC elections where poll not taken together with poll at another election), in rule 70 (forms) for Form 11 (official poll card) and Form 13 (official proxy poll card) substitute the corresponding forms in Schedule 6 to these Regulations.
9. In the Neighbourhood Planning (Referendums) Regulations 2012—
(a)in Schedule 3 (neighbourhood planning referendums rules), in Part 8 (appendix of forms), for Form 7 (official poll card to be sent to a voter voting in person) and Form 9 (official proxy poll card to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 1 of Schedule 7 to these Regulations;
(b)in Schedule 5 (neighbourhood planning referendums combination of polls rules), in Part 8 (appendix of forms), for Form 8 (official poll card to be sent to a voter voting in person) and Form 10 (official proxy poll card to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 2 of Schedule 7 to these Regulations.
10. In Schedule 2 to the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (forms), in Part 1 (United Kingdom), for Form D (official petition notice for an elector who may sign the petition in person) and Form F (official petition notice for a proxy who may sign the petition in person) substitute the corresponding forms in Schedule 8 to these Regulations.
11. In the Combined Authorities (Mayoral Elections) Order 2017—
(a)in Schedule 1 (mayoral elections rules), in Part 9 (appendix of forms), for Form 8 (elector’s official poll card) and Form 10 (official proxy poll card) substitute the corresponding forms in Part 1 of Schedule 9 to these Regulations;
(b)in Schedule 3 (mayoral election combination of polls rules), in Part 9 (appendix of forms), for Form 8 (elector’s official poll card) and Form 10 (official proxy poll card) substitute the corresponding forms in Part 2 of Schedule 9 to these Regulations.
12. In Schedule 3 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 (Welsh and English versions of prescribed forms)(30), for Form 11 (official poll card) and Form 13 (official proxy poll card) substitute the corresponding forms in Schedule 10 to these Regulations.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Name
Parliamentary Under Secretary of State
Ministry of Housing, Communities and Local Government
Date
Regulation 3
Form A (official poll card to be sent to an elector voting in person)
Front of form
Rear of form
Form B (official proxy poll card to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Regulation 4
Form A (official poll card to be sent to an elector voting in person)
Front of form
Rear of form
Form B (official proxy poll card to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Regulation 5
Form 8A (elector’s official poll card for use at mayoral elections in England)
Front of form
Rear of form
Form 10A (official proxy poll card for use at mayoral elections in England)
Front of form
Rear of form
Form 8A (elector’s official poll card for use at mayoral elections in England)
Front of form
Rear of form
Form 10A (official proxy poll card for use at mayoral elections in England)
Front of form
Rear of form
Regulation 6
Official Poll Card (to be sent to a voter voting in person)
Front of form
Rear of form
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Official Poll Card (to be sent to a voter voting in person)
Front of form
Rear of form
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Regulation 7
Official Poll Card (to be sent to a voter voting in person)
Front of form
Rear of form
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Official Poll Card (to be sent to a voter voting in person)
Front of form
Rear of form
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Regulation 8
Form 11 (official poll card)
Front of form
Rear of form
Form 13 (official proxy poll card)
Front of form
Rear of form
Regulation 9
Form 7 (official poll card to be sent to a voter voting in person)
Front of form
Rear of form
Form 9 (official proxy poll card to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Form 8 (official poll card to be sent to a voter voting in person)
Front of form
Rear of form
Form 10 (official proxy poll card)
Front of form
Rear of form
Regulation 10
Form D (official petition notice for an elector who may sign the petition in person)
Page 1
Page 2
Page 3
Final page
Form F (official petition notice for a proxy who may sign the petition in person)
Page 1
Page 2
Page 3
Page 4
Final page
Regulation 11
Form 8 (elector’s official poll card)
Front of form
Rear of form
Form 10 (official proxy poll card)
Front of form
Rear of form
Form 8 (elector’s official poll card)
Front of form
Rear of form
Form 10 (official proxy poll card)
Front of form
Rear of form
Regulation 12
Form 11 (official poll card)
Front of form
Rear of form
Form 13 (official proxy poll card)
Front of form
Rear of form
(This note is not part of the Regulations)
These Regulations makes a change to the list of the types of photographic identification which can be used by a person wishing to—
vote in person at a polling station at UK Parliamentary elections in Great Britain, Police and Crime Commissioner elections in England and Wales, and at mayoral elections and local referendums in England;
sign a recall petition in person at a petition signing place for a petition held in Great Britain under the Recall of MPs Act 2015 (c. 25).
Regulation 2 amends the list set out in rule 37(1H) to (1J) of Schedule 1 to the Representation of the People Act 1983 (c. 2). Regulation 2(2)(a) varies the description in paragraph (1H)(b) to include passport cards and also to replace the reference to “Commonwealth country” with a reference to the list of countries in Schedule 3 to the British Nationality Act 1981 (c. 61) whose citizens are commonwealth citizens and are entitled to vote at parliamentary or local government elections as a result.
Regulation 2(2)(b) adds the Ministry of Defence Veteran Card to the list in rule 37(1H). It also, together with regulation 2(3), moves the Scottish National Entitlement Card from the definition of “relevant concessionary travel pass” in rule 37(1J) to the main list in rule 37(1H) so that all variations of the National Entitlement Card can be used for voting irrespective of whether a card provides concessionary travel.
Regulations 3 to 9, 11 and 12 amend secondary legislation to replace the prescribed form of the poll card and proxy poll card used in relation to the various types of elections and referendums, in order to update the list of acceptable identification shown on the card as a result of the amendment made by regulation 2. Regulation 10 makes equivalent changes to the prescribed forms of the official petition notices issued to electors and to proxies in relation to recall petitions held in England, Wales or Scotland.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
1983 c. 2. Section 201(3) was inserted by paragraph 21 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41). Rule 28(3) was amended by paragraph 70(3) of Schedule 1 to the Electoral Administration Act 2006 (c. 22). Rule 37 was amended by paragraph 18 of Schedule 1 to the Elections Act 2022 (c. 37). See section 202(1) for the meaning of “prescribed” in rule 28(3).
1990 c. 8. Section 333(2B) was inserted by section 130(1)(a) of the Levelling-up and Regeneration Act 2023 (c. 55). Schedule 4B was inserted by Schedule 10 to the Localism Act 2011 (c. 20). Paragraph 16 was amended by S.I. 2013/2597, 2021/1265.
2004 c. 5. Section 38A was inserted by paragraph 7 of Schedule 9 to the Localism Act 2011 and was amended by section 140(3) of the Housing and Planning Act 2016 (c. 22), by sections 4(5) and 5(6) of the Neighbourhood Planning Act 2017 (c. 20) and by S.I. 2018/1232.
1992 c. 14. Section 52ZQ was inserted by Schedule 5 to the Localism Act 2011 (c. 20) and amended by S.I. 2021/1265. Section 113(2) was amended by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26), by section 80(4) and (5) of the Localism Act 2011 and by S.I. 2013/2597, 2021/1265.
2000 c. 22. Sections 9HE and 9MG were inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and were amended by S.I. 2013/2597, 2021/1265. Section 105 was amended by paragraph 14(1) and (2) of Schedule 3 to the Local Government Act 2003, by paragraph 70 of Schedule 3, and paragraph 52 of Schedule 4, to the Localism Act 2011 and by S.I. 2013/2597, 2018/644, 2021/1265.
2009 c. 20. Schedule 5B was inserted by Schedule 1 to the Cities and Local Government Devolution Act 2016 (c. 1). Paragraph 12 was amended by S.I. 2021/1265.
2011 c. 13. Section 58(1) was amended by S.I. 2021/1265. Section 154(5) was amended by S.I. 2014/268, 2021/1265.
2000 c. 41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011. Section 7(2)(k) was inserted by paragraph 3(6) of Schedule 6 to the Recall of MPs Act 2015.
Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and was amended by paragraph 6(1) and (7)(b) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000, by section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), by paragraph 1(9)(a) of Schedule 8 to the Elections Act 2022 (c. 37) and by S.I. 1991/1728.
Section 333(3A) was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011.
Section 117(2) was substituted by section 13(2) of the Localism Act 2011.
S.I. 2016/295, relevant amending instruments are S.I. 2022/1382, 2023/1147.
Rule 5 was amended by Part 1 of Schedule 2 and paragraph 74 of Schedule 4 to the Representation of the People Act 1985 (c. 50), by paragraph 10(2) of Schedule 6 to the Representation of the People Act 2000 (c. 2), and by section 19(3) of the Electoral Administration Act 2006 (c. 22).
S.I. 2012/1917; relevant amending instruments are S.I. 2022/1382, 2023/1147.
S.I. 2017/67; relevant amending instruments are S.I. 2022/1382, 2023/11472024/131.
S.I. 2007/1024; relevant amending instruments are S.I. 2014/370, 2022/1382, 2023/1147, 2024/131.
S.I. 2012/2031; relevant amending instruments are S.I. 2022/1382, 2023/1147.
Chapter 4ZA was inserted by Schedule 5 to the Localism Act 2011 (c. 20) and was amended by section 3(5) to (7) of the Local Government Finance Act 2012 (c. 17), by section 41 of the Local Audit and Accountability Act 2014 (c. 2) and by S.I. 2013/733, 2021/1265.
S.I. 2012/444; relevant amening instruments are S.I. 2022/1382, 2023/1147.
Part 1A was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and was amended by section 190(10) of the Health and Social Care Act 2012 (c. 7), by section 20 of the Cities and Local Government Devolution Act 2016 (c. 1), by sections 71, 72 and 77 of the Levelling-up and Regeneration Act 2023 (c. 55) and by S.I. 2013/594, 2597, 2021/1265.
S.I. 2012/323; relevant amending instruments are S.I. 2022/1382, 2023/1147.
Section 9H was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011.
Chapter 6 was amended by paragraph 184 of Schedule 8 to the Crime and Courts Act 2013 (c. 22), by paragraph 5 of Schedule 1 to the Local Government (Democracy) (Wales) Act 2013 (anaw 4), by section 122(1) of, and by paragraphs 86 and 90 of Schedule 1, paragraph 117 of Schedule 2 and paragraph 73(2) of Schedule 9 to, the Policing and Crime Act 2017 (c. 3), by section 8 of the Wales Act 2017 (c. 4), by paragraph 16 of Schedule 5 to the Local Government and Elections (Wales) Act 2021 (asc 1), by paragraph 6(2) of Schedule 8 to the Elections Act 2022 (c. 37) and by S.I. 2014/268, 2015/1376, 1526, 2017/470, 2021/112, 2021/1265, 2023/1432, 2024/414.
1981 c. 61. Schedule 3 was amended by S.I. 1983/882, 1983/1699, 1989/1331, 1990/1502, 1994/1634, 1998/3161, 2010/246, 2015/1771, 2017/568, 2018/620, 2021/523, 2023/1219.
S.I. 2001/341; relevant amending instruments are S.I. 2022/1382, 2023/1147.
S.I. 2001/497; relevant amending instruments are S.I. 2022/1382, 2023/1147.
S.I. 2021/291; relevant amending instruments are S.I. 2022/1382, 2023/1147.
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