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- Point in Time (25/04/2012)
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Version Superseded: 16/01/2023
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Representation of the People Act 1983, Cross Heading: Retention and public inspection of documents is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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57(1)The [F1relevant registration officer] shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons [F2, the High Court, the Crown Court or a magistrates' court] , shall cause them to be destroyed.E+W+S
[F3(2)The documents mentioned in paragraphs (1) and (1A) except—
(a)ballot papers,
(b)the completed corresponding number lists,
(c)certificates as to employment on duty on the day of the poll,
shall be open to public inspection.]
[F4(3)The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.]
[F5(4)Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—
(a)a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;
(b)a person who was a candidate at the election in relation to the constituency for which he was a candidate.
(5)Regulations may impose conditions in relation to—
(a)the inspection of any document in pursuance of paragraph (2);
(b)the supply of any document or part of a document in pursuance of paragraph (3);
(c)the supply of any document or part of a document in pursuance of paragraph (4).
(6)Regulations may also make provision—
(a)as to the form in which any such document or part is supplied;
(b)for the payment of a fee in respect of the supply of a document or part.
(7)Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to—
(a)whether a person may take any copy of a document he is permitted to inspect;
(b)the manner in which any such copy is to be taken;
(c)the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.
(8)Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—
(a)supply that document or part to any other person;
(b)disclose to any other person any information contained in the document or part;
(c)use any such information for a purpose other than that for which the document or part was supplied to him.
(9)Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—
(a)which was supplied to another person in pursuance of paragraph (4), or
(b)otherwise than in accordance with regulations under this section.]
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in Sch. 1 rule 57(1)(a) substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(5)(a), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
F2Words in Sch. 1 rule 57(1) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 70(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 8 (subject to transitional provisions in art. 6, Sch. 2)
F3Sch. 1 rule 57(2) substituted (1.1.2007 for E.W.S. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 31(8), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2)
F4Sch. 1 rule 57(3) substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(5)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
F5Sch. 1 rule 57(4)-(9) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(5)(c), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
Modifications etc. (not altering text)
C7Sch. 1 rules 54–57, 60 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C8Sch. 1 rules 54–57, 60 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
C9Sch. 1 rule 57 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
Sch. 1 rule 57 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
57(1)The [F1relevant registration officer] shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons or the High Court, shall cause them to be destroyed.N.I.
[F6(1A)The Chief Electoral Officer for Northern Ireland shall retain for a year the documents mentioned in rule 55(1B), and then, unless otherwise directed by order of the House of Commons or the High Court, shall cause them to be destroyed.]
[F7(2)The documents mentioned in paragraphs (1) and (1A) except—
(a)ballot papers,
(b)the completed corresponding number lists,
(c)certificates as to employment on duty on the day of the poll,
shall be open to public inspection.]
[F4(3)The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.]
[F5(4)Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—
(a)a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;
(b)a person who was a candidate at the election in relation to the constituency for which he was a candidate.
(5)Regulations may impose conditions in relation to—
(a)the inspection of any document in pursuance of paragraph (2);
(b)the supply of any document or part of a document in pursuance of paragraph (3);
(c)the supply of any document or part of a document in pursuance of paragraph (4).
(6)Regulations may also make provision—
(a)as to the form in which any such document or part is supplied;
(b)for the payment of a fee in respect of the supply of a document or part.
(7)Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to—
(a)whether a person may take any copy of a document he is permitted to inspect;
(b)the manner in which any such copy is to be taken;
(c)the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.
(8)Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—
(a)supply that document or part to any other person;
(b)disclose to any other person any information contained in the document or part;
(c)use any such information for a purpose other than that for which the document or part was supplied to him.
(9)Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—
(a)which was supplied to another person in pursuance of paragraph (4), or
(b)otherwise than in accordance with regulations under this section.]
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F1Words in Sch. 1 rule 57(1)(a) substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(5)(a), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
F4Sch. 1 rule 57(3) substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(5)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
F5Sch. 1 rule 57(4)-(9) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(5)(c), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
F6Sch. 1 rule 57(1A) inserted (N.I.) (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 95(3); S.I. 2008/1316, arts. 2, 5
F7Sch. 1 rule 57(2) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 31(8), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts 2, 4
Modifications etc. (not altering text)
C7Sch. 1 rules 54–57, 60 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C8Sch. 1 rules 54–57, 60 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
C9Sch. 1 rule 57 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
Sch. 1 rule 57 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
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